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(영문) 부산지방법원 2016.02.18 2015고단4033
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant, from January 10, 2007 to January 16, 2014, is a person who served as the representative director of the (ju) E and has been engaged in the management of the company’s funds.

The Defendant, while managing the National Bank Account in the name of the victim and keeping the Fund in the course of business for the victim, remitted KRW 2,00,000 to the Agricultural Cooperative Account in the name of F, which was registered as an employee on February 8, 2010, and then disbursed it for personal use. From around that time to April 26, 2012, the Defendant embezzled it by remitting KRW 101,039,410 in total to the account in the name of the employee F, G, and H by the same method over 26 times as indicated in the list of crimes as follows.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the prosecution with regard to I;

1. The details of each withdrawal to F, J, G, H, and K, set of accounts for accounting personnel's set of notes, mera, F, copies of copies of passbooks, copies of respective benefits, copies of passbooks of J bank, copies of passbooks of passbooks of J bank, copies of passbooks of Tongs of K NA, copies of passbooks of G National Bank, copies of passbooks of Tongs of G bank, each construction contract, each contract for construction works, each contract for construction works, each representative director's deposits and deposits, copies of passbooks of bank, company banks, Japanese bank, national bank, copies of passbooks, copies of passbooks of Tongs of NAs, transaction details of EFs, transaction details of E

1. Application of Acts and subordinate statutes to each investigation report (No. 52,53,60,62 No. 52 of the evidence list);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter the following sentencing is considered favorable to the defendant) / [The scope of the recommended sentence] Type 2 (type 100 million or more or less than KRW 500 million) in the mitigation area ( April to 2) in the mitigation area: The increase in the first step of the type (special mitigation factors) as a result of the combination of identical concurrent crimes, and the defendant is sentenced to the same kind of crime or the suspension of execution or heavier punishment.

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