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(영문) 춘천지방법원 영월지원 2018.04.17 2018고단22
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 31, 2017 to September 30, 2017, has been engaged in fund management and accounting as a member of the victim limited liability company C, which is located in Gangwon-gu, Gangwon-do.

On February 23, 2017, the Defendant transferred KRW 5,273,00, which was in the course of performing duties on behalf of the victim company from the Agricultural Cooperative (D) account in the name of the victim company, the purpose of which is to accumulate employee retirement allowances, to the Agricultural Cooperative (E) account in the name of the defendant, and used the total amount of KRW 16,59,810 over 18 times from October 26, 2017, such as the list of crimes in the attached Table, for the purpose of living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiry into detailed tax issues as a result of transfer management;

1. Application of Acts and subordinate statutes upon inquiring about the details of transactions of deposits;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] No person who has no basic area (from April to April) [the person subject to special sentencing] / [the decision of sentencing] / The defendant acknowledges and reflects the crime of this case; the defendant has no record of criminal punishment; the favorable circumstances, such as the fact that there is no record of criminal punishment; the defendant’s damage from the crime of this case is not significant; and other unfavorable circumstances, such as the background of the crime of this case, the circumstances after the crime of this case, etc., shall be determined as per the disposition.

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