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(영문) 의정부지방법원 2017.11.13 2017고단4097

횡령

Text

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

Reasons

Punishment of the crime

On June 1, 2016, the Defendant, at the place of plastic processing, of the Defendant’s operation D, located in Gyeonggi-si, Gyeonggi-si, 2016, left the victim E’s recycled plastic tubes in excess of KRW 1,570 g, market price of KRW 942,00, and was kept for the victim, and sold at his own discretion to a person who could not know around that time.

In addition, the Defendant, from June 1, 2016 to October 31, 2016, embezzled by arbitrarily disposing of approximately KRW 85,949,110 of the value of the recyclable plastic tubes owned by the victim, as stated in the list of offenses committed in the attached Table, from around October 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement E in the suspect interrogation protocol against the defendant in the prosecution;

1. Statement concerning F in suspect examination record;

1. Statement in the police statement protocol with respect to E;

1. Application of Acts and subordinate statutes stating a certificate of measurement;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing the choice of punishment [the scope of punishment by law] 5 years or less [the scope of punishment by law ] (the total sum of gains) : (a) the basic area of the category 1 (less than KRW 100 million) from among the group of embezzlement and breach of trust crimes / [the scope of punishment / [the scope of recommendation] : From April of imprisonment to April 4 months [the general sentencing person] mitigated factors where a crime is not an occupational embezzlement or breach of trust: In the case of embezzlement (the decision of sentencing] where the amount of the embezzlement of this case in August of imprisonment exceeds KRW 86 million in total.

Nevertheless, the damage was not completely recovered (the statement of the Defendant on the first trial date). On October 22, 2014, the Defendant committed the instant crime during the suspended execution period, even though he/she was sentenced to a suspended sentence of two years for a period of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act at the District Court on the grounds of a violation of the Punishment of Tax Evaders Act at the District Court on the same date, and on October 30, 201

Therefore, the sentence of imprisonment with prison labor is imposed on the defendant, and the defendant is against himself while making a confession of the crime.