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(영문) 서울중앙지방법원 2018.11.05 2018고단5767
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was engaged in managing the property, finance, etc. of a clan as a general secretary of the clan from around 2012 to March 2018.

While managing the money owned by the clan deposited in the account (D) opened in the name of the said clan, the Defendant withdrawn KRW 4,500,000 from the said C bank account on May 29, 2012 using the CD flag of branch offices in the C Bank Organization, and then embezzled KRW 3,700,000 from that time by consuming KRW 160,50,000 for personal purposes, such as living expenses, in Seoul and below the Seoul. From that time to April 28, 2015, the Defendant embezzled KRW 160,50,360 for personal purposes, such as the list of crimes, from that time, until April 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (including submission of data by a complainant and the details of opening passbooks), a criminal investigation report (detaileds on the use of money by a suspect), and a criminal investigation report (specifics on amount of occupational embezzlement);

1. A copy of the passbook, a process certificate, a statement of liquidity transactions, a copy of the passbook of common deposit (the opening of April 18, 12), a copy of the passbook opened on July 2, 12, a copy of the passbook opened on April 17, 14, a copy of the passbook opened on April 17, a copy of the passbook opened on April 2, 17, a copy of the passbook of B General Assembly (the copy of July 3, 17), a copy of B General Assembly (the record of July 24, 17), B minutes (the settlement of accounts in 2013 to 2017), a list of participants present at the B Meeting in 2016, and the application of statutes applicable to the list of

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment for six months or two years [the scope of the recommended punishment], and the mitigation area (six months to five hundred million won) (one hundred million won or more) (one hundred million won or less) (one hundred million to two years), and where punishment is not granted or a significant damage is recovered.

3. Determination of sentence: One year of imprisonment, and two years of the suspension of the execution, the defendant is a person who is a member of the clan in the course of carrying out the clan properties;

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