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(영문) 대구지방법원 안동지원 2016.04.08 2015고단869
업무상횡령
Text

The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendant is the director of the division of the economic business office affiliated with the E Cooperatives (hereinafter referred to as the “E”) located in Gyeong-gun, Chungcheongnam-gu, Chungcheongnam-do, and F is the employee of the H’s purchase team located in Ulsan-gu.

In early 2013, the Defendant conspiredd to divert F and the victim H from actual quantities of agricultural products purchased in E, and to divert funds to E by remitting the price to E, and receiving the price corresponding to false quantities from E.

around January 28, 2013, F remitted 2 million won to E as agricultural product price, adding 2 million won to actual agricultural product price, and the Defendant fabricated account books as if he would settle the sales price in the absence of actual consignment, and then remitted 200,000 won to the agricultural cooperative account in the name of F, a borrowed account used by F, and F embezzled 2,00,000 won as agricultural cooperative funds by voluntarily withdrawing the price in cash and consuming it.

From around that time to June 23, 2015, the Defendant, in collusion with F, received total of KRW 284,575,355 in total from 78 occasions, as indicated in the list of offenses, and embezzled funds owned by the Defendant to the said I’s agricultural bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by each prosecutor with respect to F;

1. Statement made by each prosecutor to I, J, and K;

1. Each investigation report (the commencement report of an investigation, the circumstances in which I participated in raising LFF and E’s extra capital, the details of purchase of H agricultural products, the attachment of judgment of the first instance court to F), and the application of statutes on accompanying materials;

1. Relevant Article of the Criminal Act and Articles 356, 355 (1), and 30 of the Criminal Act ( comprehensively referred to as “selective of imprisonment”) concerning the facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence;

(a) Type Embezzlement, breach of trust, or type 2 (not less than KRW 100,00 but less than KRW 500,00);

B. Where significant damage has been restored to the sentencing factors (a mitigation factor).

(c)a mitigation area of the recommended territory;

D. Six months of imprisonment or more than two years of imprisonment with prison labor

2. Determination of sentence;

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