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(영문) 부산지방법원 2016.05.26 2015고단8599
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From February 2, 2014 to September 2015, the Defendant served as the secretary-general of Jung-gu, Busan as a victim C (the chief director D) foundation, and was in charge of overall management of the foundation fund, administration, etc.

On March 15, 2015, the Defendant: (a) deposited and managed six accounts, including operating expenses of the victimized person; and (b) embezzled KRW 1,000,50 from the account in the name of the said foundation at the Busan Busan Busan Busan District CD Co., Ltd., the Defendant arbitrarily consumed KRW 37,328,950 over 53 times until September 13, 2015, as indicated in the list of crimes in the attached list of crimes, including taking out KRW 1,00,50 from the account in the name of the said foundation (CF) at the Busan Busan District Co., Ltd., Busan District Co., Ltd. (CF).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A complaint filed by G;

1. Application of Acts and subordinate statutes to each copy of a bankbook and each detailed statement of deposit transactions;

1. The relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act on the selection of punishment, the grounds for sentencing of imprisonment [the scope of recommendation] No person [the person who is subject to special sentencing] in the basic area (from April to January 1) (the scope of recommendation] [the person who is subject to special sentencing] [the decision of sentencing] / although the chief director of a party who caused damage caused the failure to perform his/her own management, he/she did not take measures for recovery of damage until the time when five months have passed from the date when the complaint was revoked, the defendant was not taken measures for recovery of damage; the crime of this case is inferior in light of the amount of damage, the place of use, etc.; however, considering the fact that the defendant was the first offender and against him/her (the defendant did not have been detained in court to give an opportunity to recover damage).

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