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(영문) 춘천지방법원 2014.11.13 2014고단687
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From January 1, 2008 to December 31, 2013, the Defendant engaged in the management of the village fund, which is the collective ownership of the victims B, as the head of Chuncheon-si B.

around the end of December 2007, the Defendant embezzled KRW 35,084,019, including the amount of loans to village residents from the former village head C, by using KRW 127,050,219, in the course of business for damaged residents, including the amount of loans from village residents until December 31, 2013. The Defendant embezzled KRW 46,318,596, in total from January 1, 2008 to December 31, 2013, including the sum of KRW 127,050,219, including the amount of sales proceeds from D as village funds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A president;

1. Receipts for the support payments of unclaimed members;

1. Report on the settlement of accounts of 208;

1. Settlement of accounts in 2009;

1. Settlement of accounts in 2010;

1. Settlement of accounts in 2011;

1. Settlement of accounts in 2012;

1. Details of settlement of accounts in 2013;

1. A copy of the bankbook;

1. Application of Acts and subordinate statutes to investigation reports (total sum of the village funds managed by the defendant);

1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the selection of punishment, together with the reason [decision of type] for sentencing of imprisonment for the selection of punishment [decision of the recommended area] [decision of the recommended area] Basic field / [Scope of the recommendation] April to 1 year / [Prohibition of Execution] / Major reasons: negative agreement - No effort to recover negative damage (decision of sentence] is expressed by the defendant at the time of committing the instant crime, and there are no criminal records for the same kind of crime, etc., the defendant did not agree with the victims until now, although he embezzled the village fund for personal purposes for a long time as a village head, he did not agree with the victims.

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