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(영문) 전주지방법원 남원지원 2015.03.24 2014고단236
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

From January 201 to January 9, 2014, the Defendant was in charge of the accounting of the above church as the head of the D church, which is a victim of the previous North Korean War C, and was in charge of the accounting of the above church. While managing the Agricultural Cooperative Account (Account Number: E) in the above church’s name, the Defendant deposited KRW 1 million from the above church’s account to the Agricultural Cooperative Account (Account Number:F) in the above church’s name on January 21, 201, and embezzled the property of the victim by consuming the sum of KRW 21,70,000 in total for personal purposes, as shown in the attached list of crimes, from around that time to December 9, 2013.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The prosecutor's statement concerning G;

1. Each police statement made to G, H and I;

1. A complaint;

1. Copies of the details of passbook transactions (E, Diplomatic Association), copies of account books, copies of account books, copies of passbooks in the name of the defendant, copies of passbooks in the name of each defendant, details of loan transactions in the name of each defendant, records of loan transactions in the name of each defendant, revenue and expenditure of the political party on a regular period of February 2013 (Diplomatic Association), copies of the details of passbook transactions in the name of the defendant, copies of the church account books, copies of the details of passbook transactions in the name of the defendant, records of the account transactions in the name of the defendant, copies of passbooks in the name of the defendant, and copies

1. Application of Acts and subordinate statutes to an investigation report (a suspect's embezzlement, confirmation of the amount of embezzlement and return, and submission of G data in a complainant);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing guidelines [Determination of types] Embezzlement Misappropriation Offense, Type 1 (less than KRW 100 million) [Special Convicts] Reduction element: Where significant damage has been recovered (general person): The scope of the recommendation range and the recommendation range where embezzlement is committed.

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