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(영문) 인천지방법원 2017.08.18 2017고단3464

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

With regard to two places in the E shopping mall in Seo-gu Incheon, Incheon, along with the victim C, the Defendant agreed to enter into a contract with the head office necessary for operating the clothing store, to provide the interior and the know-how for the interior of the interior, and to operate the clothing store as a partnership business by providing funds necessary for operating the clothing store.

Under the above agreement, the Defendant deposited KRW 20,000,000, around February 4, 2016, around March 2, 2016, and KRW 38,000,000, in total, around March 2, 2016, and deposited KRW 38,000 in the single bank account (Account Number:F) in the name of the Defendant for the victim, and deposited KRW 25,735,00 in the course of business for the victim. On March 2, 2016, the Defendant embezzled KRW 12,265,00,00 in total for the use of artificial medicine expenses, etc. (i.e., KRW 38,00,000 in - 25,735,00 in - 25,000 in - 735,00 in the name of the victim) from the above victim for the purpose of personal use, such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police against C;

1. Each investigation report (the details of expenditure, such as details of use, details of payment of deposits at the head office, expenses for interior works, etc.);

1. Application of Acts and subordinate statutes to a copy of the transaction statement and each account statement (one bank under the name of the defendant, one bank under the name of the defendant, one bank under the name of the defendant, one bank under the husband

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [type determination] The basic field of embezzlement and breach of trust (decision in the sphere of recommendation] Type 1 (decision in the sphere of recommendation] [the scope of the recommended punishment] [the scope of imprisonment] from April to April 1 [the general sentencing person] - The mitigated element: the strong reflectivity, and the aggravation factor that has no record of criminal punishment: embezzlement.