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(영문) 서울중앙지방법원 2012.11.08 2012고단3290
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 27,495,000 won to an applicant for compensation.

(e).

Reasons

Punishment of the crime

The Defendant, from February 24, 201 to December 31, 2011, has been engaged in the management department of D Driving Schools operated by the victim B in Gangnam-gu Seoul, Seoul, with the fifth floor of the D Driving Schools. The Defendant has been engaged in the management department of D Driving Schools, the registration of private teaching institutes, the receipt of school expenses, and the accounting management.

On April 29, 2011, the Defendant received 400,000 won from E from the students of the above private teaching institute office from the students of the above private teaching institute, and voluntarily consumed them for personal use, such as entertainment expenses, around that time.

In addition, the Defendant received a total of KRW 27,495,00 from the students of the above private teaching institute over 42 occasions as indicated in the attached list of crimes from around that time to December 7, 201, and embezzled the amount of KRW 27,495,00 from the students of the above private teaching institute in the account of community credit cooperatives (Account Number:F) in the name of the Defendant, and received it in cash, and used it voluntarily for personal purposes while keeping

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

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

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes on banking transactions;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Orders;

1. In light of the fact that the Defendant committed the instant crime on a long-term basis, such as embezzlement of money by having the students remit the private teaching institute fund from the beginning in the course of receiving the funds from the students in the course of sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Declaration of Provisional Execution, etc., while the total amount of embezzlement is not substantial, there is no particular amount of recovery from damage, and the victim sought a strict punishment against the Defendant, it is inevitable to punish the Defendant accordingly.

It is ordered in consideration of various sentencing conditions stipulated in Article 51 of the Criminal Code.

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