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(영문) 대구지방법원 2017.06.13 2017고단416
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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.

Reasons

Punishment of the crime

On January 30, 2013, the Defendant was appointed as the secretary of the H Business Promotion Committee for the progress of the “H” project, which was formed by six villages, such as B, C, D, E, F, G, etc.

On July 21, 2014, the Defendant received KRW 13,00,000 from the G Village Fund from the J, the Chapter G, to the Agricultural Cooperative Account (Account Number) in the name of the Defendant, and embezzled for the purpose of the Defendant’s bank loan interest and cost of living, among the Defendant’s charges to be paid to the Defendant in relation to the said H business, at the Defendant’s residence located in Sinsan-si, Sinsan-si.

In addition, the Defendant, from the above day to August 26, 2014, received and embezzled the total of 69,000,000 won of the Defendant’s contribution to the village of six victims on seven occasions, such as the list of crimes, from the above day to August 26, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement protocol against L, M, N,O, J, P, Q, R, and S;

1. Application of the Acts and subordinate statutes governing the specifications of automated machine transactions, such as H, a copy of account, details of gold account transactions, details of each account transaction, results of separate transfer of gold accounts, and the results of separate settlement of accounts;

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

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

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

1. The scope of the recommended punishment according to the sentencing guidelines (the same type of embezzlement crime) [the determination of the type] [no person who is subject to special sentencing] below 100 million won (the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommended punishment, April of imprisonment or year and April of the year;

2. Although the sum of the embezzlement of this case, which was determined to be sentenced, was not specified as KRW 69,00,000 and did not have yet been recovered from actual damage, the victims set up a second priority collateral on real estate owned by the defendant and applied for auction, and the auction is currently being conducted. The second instance of the above auction case.

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