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(영문) 부산지방법원 2014.10.17 2014고단7064
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

A victim C Union (hereinafter referred to as "victim C Union") is a juristic person established on November 20, 2006 in order to purchase necessary materials for the professors of D University, teachers and staff, and students, or to install necessary joint-use facilities. The Defendant is an employee in charge of accounting of the Victim Union from November 20, 2006 to November 20, who is engaged in the business of paying, keeping, and withdrawing funds of the Victim Union.

On January 22, 2007, the Defendant voluntarily consumed KRW 200,000,000 in money owned by the victim’s association in the name of the agricultural cooperative under the name of the victim’s association, on which the Defendant also affixed a corporate letter on the bank withdrawal sheet, and then voluntarily consumed it at that time. On February 20, 2007, the Defendant transferred KRW 70,000 from the agricultural bank account under the name of the victim’s association under the name of the Defendant’s owner’s name to the agricultural bank account under the name of the Defendant’s owner’s name.

The Defendant, as indicated in the attached list of crimes, withdrawn and transferred the total sum of KRW 269,930,500 from January 22, 2007 to May 9, 2014 by the same method, including this, and embezzled money by arbitrarily consuming it around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Details of Internet banking transfer management results, agricultural bank account transactions, and Busan bank account transactions;

1. Application of Acts and subordinate statutes to attach details of transactions to Nonghyup, Busan Bank, and National Bank;

1. In light of the pertinent Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act regarding criminal facts, and the embezzlement of the reason for sentencing the sentence of imprisonment with prison labor is about KRW 269 million, and the damage has not been recovered, etc., it is inevitable to sentence the Defendant to a punishment.

However, the defendant's primary crime, 72 million won, etc. shall be considered as favorable circumstances, and the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, and environment, shall be considered.

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