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(영문) 서울북부지방법원 2020.05.13 2019고단5246
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From June 2016 to April 2019, the Defendant embezzled 36,410,690 won in total at 21 times from that time to February 19, 2019, by arbitrarily using 1,880,690 won in the name of C Bank D and B (LP) accounts in the name of C Bank D and B (LPP) in the name of the victim, in order to prepare for graduation, such as the production of graduation, at the student conference of B from June 2016 to June 2019.

[Defendant and defense counsel claimed that the amount of the graduation reserve should be excluded from the amount of embezzlement in addition to the amount of refund to 32 persons who already excluded from the amount of embezzlement (i.e., 120,000 won x 64). However, the defendant and defense counsel argued that the amount of the graduation reserve should be refunded to 96 persons who were released from the above amount of embezzlement from the amount of embezzlement to the Defendant’s personal account. However, the defendant stated that the amount of the withdrawal reserve should be excluded from the amount of embezzlement; the procedure and method of refund; the relationship between the Defendant’s personal account from the withdrawal reserve and the personal account from the withdrawal reserve; the time and details of the withdrawal; the time between the withdrawal reserve and the refund; the amount of the withdrawal reserve; and the defendant’s statement to the effect that the defendant returned the amount of the 32 persons who were released from the above embezzlement to the Defendant’s personal account at the investigative agency upon the entry of the last month from the Defendant’s personal account; and therefore, the defendant and defense counsel stated that the aforementioned act act act of embezzlement is reasonable (Evidence).

1. Defendant's legal statement;

1. The police statement of H;

1.Submission of data from the complainants of each investigation report;

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