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(영문) 춘천지방법원 2015.02.05 2014고단1305
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2012, the defendant has been engaged in the subsidy support work, such as soil-organic fertilizers, as a public official of the Yang-gu Office B who is the victim.

The Defendant, while having been in custody of the Environment-Friendly Agriculture Support Fund for the victim, has caused large amounts of gamblings, and had the aforementioned subsidies repaid.

At around 12:00 on October 12, 2014, the Defendant released KRW 2,637,500 in cash from the account in the name of the victim at the branch office of the Yangyang-gu Seoul Metropolitan Government Office, Yangyang-gu, Seoul Metropolitan Government Office, which was 83, and embezzled for personal purposes, such as gambling and repayment at will around that time.

From October 10, 2014 to October 30, 2014, the Defendant embezzled cash equivalent to KRW 80,360,500, which is the victim’s possession, five times in total, as indicated in the attached list of crimes, for personal purposes, such as gambling and repayment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of a statement of ordinary deposit transactions;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision on the Sentencing favorable to the reasons for the sentencing below] Embezzlement Type 1 (100 million won] [Determination on the area of recommendation] - Where the elements of mitigation are not subject to punishment or substantial damage is recovered [decision on the area of recommendation] / [decision on the area of recommendation] 1-10 months] / Where the scope of the mitigation area is considerably small: The main reasons for the suspension of execution - there is no criminal conviction or more than the positive loss - there is no direct criminal conviction for the general reason: The recommendation area of the suspension of execution [decision on the punishment] where there is no criminal conviction or more than the positive loss: The defendant needs to be strictly punished for the crime of this case, such as the fact that the defendant committed the crime of this case with no amount embezzled and with no amount embezzled, but expressed his intent of reflectness at the time of the crime of this case.

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