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(영문) 대구지방법원 안동지원 2015.12.22 2015고단604
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 months of imprisonment with prison labor for the crime of occupational embezzlement in the Daegu District Court’s Ansan Branch on November 21, 2014, and the judgment was finalized on November 29, 2014.

【Criminal Facts】

From around 2006, the Defendant had been in charge of the general affairs of the victim C, and from around November 201, the representatives of the same literature have been in charge of the receipt and disbursement of money while managing the property of the same literature.

Around November 1, 2013, the Defendant deposited KRW 35 million in a regular deposit account (Account Number D) in the name of the victim C in the Dongnam-dong community credit cooperative located in Ansan-dong, Busan-dong, and deposited KRW 35 million in the name of the victim C for the purpose of the above sentence. On November 12, 2014, the Defendant embezzled the said regular deposit account under the name of the Defendant and E, who used it for personal debt repayment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Complaints, accompanying documents, and details of transactions by account;

1. Each investigation report and accompanying documents;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and attachment statutes);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (it shall be considered that the damage to a clan was actually repaid and agreed upon while leaving the clan back to the funds of the same clan in fact, and that it could have been tried together with a final and conclusive judgment);

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