logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.01.16 2017고단1033
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who works for the Dispute Settlement Co., Ltd. in Gyeongnam-gun, and has been engaged in the affairs, such as management and disbursement of membership fees, from January 1, 2012 to January 5, 2012, as the general secretary of the “E organization,” which is an employee-friendly meeting of the said company, and from January 1, 2013 to June 5, 2016, as the chairperson of the said “E organization.”

Around January 1, 2012, the Defendant received KRW 6,525,539, carried forward membership fees of the said “E organization” from its members from January 1, 2012 to June 5, 2016, and received KRW 52,440,539, a sum of KRW 52,539,00 from its members for the said “E organization”, while the Defendant was in business custody for the said “E organization.” On January 31, 2012, the Defendant voluntarily withdrawn KRW 300,000 from the cash withdrawal period in the Busan Heavy Industries-si, Busan Special Metropolitan City and embezzled it for the purpose of the Defendant’s personal debt repayment from that time to May 30, 2016, including the fact that the Defendant arbitrarily consumed it for the Defendant’s personal debt repayment purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Copy of the bylaws of the E organization;

1. A copy of membership fee-free deposit account;

1. A copy of verification of the details requested to refund membership fees;

1. Details of transactions in accounts of the G Saemaul Treasury;

1. Application of Acts and subordinate statutes on transaction details of post office accounts A;

1. Relevant legal provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing of sentence of imprisonment;

1. The basic area (from April to January 1) of the sentencing criteria shall be the scope of the recommended punishment [the scope of the recommended punishment] (the scope of the punishment shall be less than 100 million won) of the basic area (no person subject to special sentencing];

2. The instant crime of determining sentence is that the organization’s general affairs and the president’s position manage membership fees, and embezzled KRW 50 million for a long time, and the nature of the instant crime is not good in light of the method and scale of the crime.

Until now, there was no agreement with the victim.

However, the defendant recognized all of the crimes of this case and reflected.

It has been tried to recover damage and has been punished in excess of a fine.

arrow