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(영문) 수원지방법원 2018.09.19 2017고단7917
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From March 2009 to April 2013, the Defendant, as a general secretary of the C Council, received and kept the annual fees of members from the members to the national bank and the Japanese bank account under the name of the Defendant, and used them for the purpose prescribed by the bylaws, such as the purchase cost for the reduction of the franchise store business and the purchase cost for the exchange of the member competition.

On April 5, 2009, the Defendant operated the E in the vicinity of the wife population D around Gi-si on April 5, 2009.

F From F, the annual fee of KRW 8,00,000, out of the annual fee deposited in the said national bank account using the computer kept in the store, was arbitrarily transferred to the new bank account in the name of the Defendant, and the total amount of KRW 30,210,000,000 from April 5, 2009 to April 4, 2013, such as the statement in the attached crime list, was transferred to the Defendant’s other bank account in the same way 28 times from April 5, 2009 to April 4, 2013, and used all of the Defendant’s credit card payment or loan interest payment, merchant payment remittance, personal living expenses, etc.

Accordingly, the Defendant embezzled the above 30,210,000 won which he kept in his business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a criminal investigation report (including the voluntary submission of the details of deposits and withdrawals of the relevant personal account using the embezzlement of suspect A and this case, and the details of deposits and withdrawals of the relevant personal account), such as a copy of account transactions, a document verifying the contents of the account, the details of use of the Association's expense, the details of transactions

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100,00) in the mitigation area (one month to ten months) (special sentencing factors): No penalty surcharge;

2. Although the nature of the crime is not good in light of the amount of damage caused by the determination of the sentence, method of the crime, period of the crime, etc., the defendant who led to the confession of the crime in this case and the chairperson of the C Consultative Council of the victimized person.

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