logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.12.21 2017고단3201
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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 July 1, 2016, the Defendant was elected by the Chairperson and 57 members as the finance of the Victim C, and managed general membership fees, commercial adjustment fees, special membership fees, etc. deposited by members, and managed the affairs such as fund disbursement and settlement.

On October 7, 2016, the Defendant was managed by the Defendant to use the general membership fees, mutual aid membership fees, and special membership fees paid by members for the victim in three accounts in the name of the victim for personal purposes, such as the card price of the Defendant, while the Defendant was in custody for business purposes.

Using the OTP card, the victim's special membership fee account (Account Number D) was voluntarily remitted to the national bank account (E) in the name of the defendant.

In addition, from around that time to February 26, 2017, the Defendant embezzled a total of KRW 27,750,000 by arbitrarily remitting it to the above national bank account in the same way as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police against B (Statement of Evidence No. 9);

1. Application of Acts and subordinate statutes on the copy of each bankbook and the details of transactions of admission and withdrawal;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] where damage is recovered (one month to October) [the person subject to special mitigation] in the mitigated area (the person subject to a suspended sentence] [the decision of sentence] the following circumstances and the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc., and the circumstances constituting the condition for sentencing as shown in the argument of this case shall be determined as ordered in consideration of the following circumstances and the defendant's age, sex, sex, environment

Unfavorable circumstances: An amount embezzled as a crime committed over a considerable period of time is high.

Although the complaint was withdrawn during the investigation process, the promise to recover the damage was not implemented for a long time.

The favorable circumstances: confession.

arrow