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(영문) 청주지방법원 2020.05.12 2019고단2060
업무상횡령
Text

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

Reasons

Punishment of the crime

From December 1, 2015 to March 2019, the Defendant was a person who served as an instructor at the Dental Research Institute operated by the Victim C located in Seo-gu, Seo-gu, Seo-gu, Seoul, as an instructor.

On June 16, 2017, the Defendant embezzled 2,40,000 won of tuition fees from E, the parent of the student at the pertinent private teaching institute, by arbitrarily consuming 2,307,00 won by the same method during the period from around June 17, 2017 to June 11, 2018, by transferring the above tuition fees to another account of the Defendant for consumption, etc., while the Defendant was in the custody of the victim in the course of business from the F association account opened in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a complaint and copy of employment contract;

1. The relevant provision of criminal facts and Articles 356 and 355(1) of the Criminal Act on the grounds of sentencing for the sentencing of the crime of this case (generally, choice of imprisonment) are planned by the Defendant, which has served as an instructor at a driving school operated by the victim, and the tuition fee has been embezzled in a way that the Defendant has served as an instructor in the driving school operated by the victim, and the nature and circumstances of the crime are not good.

Damage recovery measures have not been taken properly.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing as shown in pleadings, such as the age, character and conduct of the accused, motive, means and result of the crime.

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