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(영문) 광주지방법원목포지원 2020.08.11 2019고단1363
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 25, 2019, the Defendant was in charge of the receipt and disbursement duties while working as a fraternity in C&A, the victim in the former, New, South, and the Defendant was in charge of the receipt and disbursement duties, and was in charge of the said C&A’s custody on behalf of the said C&A. On August 14, 2019, the Defendant deducted 50,000 won from the Si reserve funds kept in custody as above, and included 50,000 won in the West on the book, and used the Si reserve funds for personal purposes by adding 50,000 won to the amount of false settlement while settling after the completion of duties.

In addition, from around that time to September 12, 2019, the Defendant arbitrarily used a total of KRW 140 million by the same method three times, such as the list of crimes in the attached Table.

Accordingly, the Defendant embezzled the property that he kept on duty for the victim union.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a written accusation, personnel records, certificate of employment, or certificate of audit of an incident involving embezzlement of prototypes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] Embezzlement and Misappropriation: [Type 2] 100 million won or more, and less than 500 million won [special-speed persons] mitigation factors: Reduction factors: Reduction area of punishment or significant damage (a mitigation area of recommendation area and recommendation range] mitigation area, imprisonment with labor for up to 4 months (up to 1/3 reduction of the lowest sentence range due to the increase in the first step as a result of the addition of concurrent concurrence).

3. Determination of sentence: One year of imprisonment and two years of suspended sentence;

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