beta
(영문) 인천지방법원 2015.12.24 2015고단2573

횡령

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment for embezzlement at the Incheon District Court, and the judgment became final and conclusive on June 20, 2015.

The defendant is a real operator of C and D established for the purpose of acting as a business start-up agent and loan brokerage.

On August 20, 2013, the Defendant was requested from the victim F to repay the loans to the KIKO Savings Bank at the office of the Defendant of the building in the building in Nam-gu, Incheon, Nam-gu.

The Defendant was in custody of the loan repayment amounting to KRW 30 million as requested by the Defendant for the victim in the account of the Bank of Korea (G), and used it as Defendant’s company’s operating funds, from time to time of the same year.

9. Until 30.30, a total of KRW 78,943,100 has been consumed on four occasions, such as the list of crimes in the annexed sheet.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of a bankbook;

1. Previous convictions in judgment: Case inquiry and application of Acts and subordinate statutes of one copy of judgment;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the choice of punishment (generally, choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. A suspended sentence of Article 62(1) of the Criminal Act (including once the same kind of punishment, which is favorable among the reasons for sentencing) has four times the suspended sentence of punishment (including once the same kind of punishment) and two times the fine (including once the same kind of fine), the fact that the victim has agreed to commit the crime, the fact that the crime has been recognized and reflected, and other punishment as ordered, considering the amount of embezzlement, equity between the amount of detention, the period of detention, the defendant's age, character and conduct, environment, motive and circumstances leading to the instant crime, etc.