beta
(영문) 대전지방법원 2015.08.28 2015고단631

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around March 1995, the Defendant entered C, a corporation operated by C, and was dispatched from February 1997 to January 1, 1998 to a corporation located in the said corporation, and was engaged in the business of managing funds of the said corporation.

Around December 20, 1997, the Defendant sold a dump truck and a dump truck owned by the said corporation, the victim, at the Korean exchange rate of 1,600,000, a total of 1,600,000,000, for the said corporation, and had the Defendant keep the dump truck in custody for the said corporation.

From January 1, 1998, the Defendant embezzled the above heavy equipment sales proceeds of 1.6 million won on behalf of the above company by using them for personal purposes, such as entertainment expenses, in the Philippines.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the choice of punishment, reasons [the scope of recommending punishment] for the sentencing of imprisonment [the grounds for sentencing] [the grounds for sentencing of imprisonment] [the grounds for sentencing] [the grounds for sentencing] and no basic area ( April-1 year and April 4 months] [the decision of sentencing] [the decision of sentencing]], while the defendant embezzled large amount of money as entertainment expenses, etc., and embling it for a long time without effort to compensate for it, the victim had no choice but to cause

It is difficult to regard that the damage has yet been fully recovered, and the person who has been urged to punish the defendant shall be punished by imprisonment in consideration of the fact that the victim is urged to punish the defendant.

However, the fact that the defendant seems to recognize and reflect the alternative mistake, the fact that the defendant did not receive wages for a certain period of time from the victim is changing, and the reason for rejecting it seems to be insufficient, it can be seen that the effect of punishment has been achieved to some extent while the defendant and his family have experienced a considerable high time during the long-term flight life, and that the defendant has 15 million won for the victim.