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Reasons
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(영문) 청주지방법원 2016.01.21 2015고단451
업무상횡령
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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From December 20, 2010 to September 30, 2013, the Defendant is a person who served as the director in charge of accounting of the Victim E Co., Ltd. in Songpa-gu Seoul Metropolitan Government D and B2 and has been engaged in the above company’s accounting affairs.

On December 15, 2011, the Defendant used 1,100,000 won for personal purposes by arbitrarily transferring 1,100,000 won to the bank account (F) of the Defendant’s name as the Defendant’s wage while he kept the public funds of the victim for the purpose of paying the benefits of employees at the above place.

In addition, the Defendant’s indictment was “ around December 15, 201,” but the indictment was recognized as above (see Attached Table 42,8, 98 No. 42, 88, and 98) through September 16, 2013 as “ around August 14, 2013,” but the indictment was recognized as above (see Attached Table 67 No. 57) by means of arbitrarily transferring it to the Korean bank account of the Defendant’s name by the day of the offense, or transferring it under the name of another person’s account in the name of another person (one to 14), and then embling KRW 130,000,000 in total (see Attached Table 15 or No. 101 times) through 101 times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The statement of H concerning G, and the statement of H in the second-time police interrogation protocol against the defendant;

1. Application of the Acts and subordinate statutes on banking transactions (based on wages), the attendance book, the wage ledger, the list of National Pension Service Providers, and the attendance attendance book for E;

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

1. Application of the sentencing guidelines [the type of determination] Embezzlement Embezzlement Offense of Embezzlement and Breach of Trust, Type 2 (at least KRW 100 million, less than KRW 500 million) / None of the persons who are subject to special sentencing] (the scope of the recommended punishment] / The scope of the imprisonment with labor for a period of not less than one year and not more than three years (the person subject to general sentencing) mitigation factors: is advanced

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