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(영문) 의정부지방법원 고양지원 2020.01.17 2019고단3220
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 24, 2018 to April 15, 2019, the Defendant entered the Bank of Korea on February 13, 1993, and was in charge of loan-related business at “C Branch of the Bank” located in Kimpo-si, Kimpo-si from July 24, 2018 to April 15, 2019. The employees of the said Bank have cash within the limit of KRW 7 million for loan business in their own form, and shall not use it for personal purposes.

On August 7, 2018, the Defendant: (a) deposited KRW 1 million in the account of an enterprise bank (D) in the name of the Defendant using ATM that was kept for the lending business of the said bank at the above C branch; and (b) consumed the Defendant’s personal use for the card payment under the name of the Defendant.

From around that time to March 25, 2019, the Defendant consumed the total sum of KRW 102,450,000,000, as shown in the separate sheet of crime, which was kept on duty for the victim by the above means, in mind, from around 28 times.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The details of account transactions in the name of a suspect, details of account transactions in the name of a suspect, details of account transactions in the bank account in the name of a suspect, details of account transactions in the bank account in the name of a suspect, details of account transactions in the bank account in the name of a suspect, confirmation of a suspect, internal regulations of the victim concerned, reports on special audits related to the diversion of time deposits,

1. Articles 356 and 355 (1) of the Criminal Act, comprehensively including relevant Articles of the Criminal Act and the choice of punishment for the crime;

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

1. The scope of recommendations according to the sentencing guidelines (the determination of a type) shall be limited to embezzlement and breach of trust [type 2], and the amount of less than KRW 100 million and less than KRW 500,000 [Special Sentencing]. The recommendation field shall be limited to cases where punishment is not granted or a significant damage is recovered;

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