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(영문) 대전지방법원 2018.06.22 2018고단651
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The defendant is an accounting employee of the victim C University, who is in charge of the payment of national labor scholarships and school labor scholarships at the student and student scholarship team.

Of the 8,000 C University students, the Defendant gave scholarships to 200 persons each month among the 8,000 C University students, and received scholarships using the same name that it is difficult to manage and supervise because there are many students with the same name, and transferred scholarships to the head of the Tong in the name of the Defendant’s family members to the head of the Tong in the name of the Defendant’s family members, or issued dual scholarships to the students who received the scholarships, and then embezzled the scholarships by receiving the scholarships from the individual passbook in the name of the Defendant.

On May 25, 2016, the Defendant, at the office of the Defendant located in Daejeon Seo-gu, Daejeon, transferred KRW 5,664,00,00 to E who is enrolled in the victim’s school for the victim’s business, without paying it to the said E, and then arbitrarily used it as an individual living cost, and then embezzled KRW 68,454,30 in total over 61 times from around that time to September 11, 2017, as indicated in the list of crimes in attached Table 61, as shown in the list of crimes, to E’s family or the account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the results of a fact-finding survey on scholarships of the complainant and C University (including a confirmation document, etc.);

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and withdrawal (No. 14);

1. Article 356 and Article 355 (1) of the Criminal Act (generally, the choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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