횡령
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.
Punishment of the crime
Around April 25, 2016, the Defendant borrowed KRW 30 million from the Plaintiff’s well-sustaining Savings Bank Co., Ltd., and the Defendant was in possession of the lessor as to the cafeteria and the second floor restaurant during Ansan-si.
The right to return the deposit amount of KRW 50 million was transferred as security for the above loan obligation.
The defendant did not notify the transfer of the above claim and received a total of KRW 11 million from D around March 23, 2017, KRW 10 million around March 30, 2017, KRW 14.9 million around March 30, 2017, and KRW 14.9 million around April 2, 2017, and stored for the victim company with the payment of KRW 35.9 million for food materials at the above restaurant around that time.
Accordingly, the Defendant embezzled the property of the victim company.
Summary of Evidence
1. Application of the Acts and subordinate statutes on the criminal defendant's written complaint filed in police statement E;
1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to April, one year and four months [the scope of the recommended punishment] and the basic area (up to April, one year and four months) (up to April, one year and four months) of the type 1;
2. Determination of sentence: The amount of actual damage is relatively small as the extent of 18,566,616 won (interest of KRW 17,270,879, KRW 1,295,737) and the amount of non-performance of loan obligations as of July 25, 2017, which is the first offender, in six months of imprisonment: The fact that the suspension of execution - favorable circumstances: The fact that there is no agreement with the victim;