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(영문) 광주지방법원 순천지원 2017.07.26 2017고단643
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From November 1, 2014, the defendant has been engaged in the management of the company's public funds, such as construction cost, with a bank passbook, password, OTP card, security card, etc. in the name of the victims, from around the time of loan and the office of the victim F. The defendant has been engaged in the management of the company's public funds.

On April 30, 2015, the Defendant voluntarily withdrawn 696,440 won in cash from the Nonghyup Bank Account (G) in the name of the Nong Bank in the name of the victim Nong Bank (G) and consumed it for the purpose of living expenses, etc., in the case of the Nong Bank in the name of the victim Nong Bank in the name of the Nong Bank in the name of the Nong Bank in the form of business for

From around that time to May 10, 2016, the Defendant withdrawn total of 93,398,518 won from the bank account under the name of the victims through total of 56 times, as shown in the list of crimes attached hereto, or arbitrarily consumed it to another account after the limitation.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D among the records concerning the interrogation of the suspect against the accused by the prosecution;

1. Each report on investigation;

1. A detailed statement of each embezzlement, a copy of the notice of determination on refund, such as industrial accident insurance, etc., fact-verification, a separate receipt of insurance premiums for each year of social insurance at the place of business, a copy of the passbook of the agricultural cooperative corporation, a statement of payment of wage and salary income, a statement of transfer transaction,

1. Application of Acts and subordinate statutes to verify the list of account transfers, the detailed statement of each account transfer, the confirmation of the results of each electronic financial transfer, the copy of the disbursement resolution, and the details of the F Trading;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (in each case involving victims) and the choice of imprisonment with prison labor for the crime;

1. The sentence is ordered, taking into account the following circumstances as the grounds for sentencing under the former part of Article 37, the main sentence of Article 38(1)2, and Article 50 of the Criminal Act, as well as all other conditions of sentencing, including the Defendant’s age, family environment, motive for committing the crime, relationship with the victims, and circumstances after committing the crime.

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