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(영문) 광주지방법원 순천지원 2016.08.31 2016고단752

횡령

Text

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

Reasons

Punishment of the crime

From December 2, 2014 to July 31, 2015, the Defendant carried on the fish farm business in a manner that the victim and the defendant distribute profits generated from the operation of the fish farm to the fish farm in D located in the fish farm with the victim F, while operating the fish farm in D located in the fish farm at the fish farm.

On July 31, 2015, the Defendant sold 340,000 US dollars to G from the instant fish farm, and embezzled 50 million won by having G, who was in mind to use the sales proceeds for the purpose of personal debt repayment to G with the victim, while settling accounts with the victim and distributing it. However, the Defendant embezzled 50 million won by having G transfer the sales proceeds to H account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to two Chapters 2 and 2 of the tax invoice, data borrowed by the complainants, and a statement of H account transactions;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Types of Determination] Embezzlement Type 1 (less than 100 million won): The elements for mitigation of punishment [person who is subject to special sentencing] : The scope of mitigation of punishment [the scope of recommendation] [the scope of punishment] 1 month to October [the decision of sentence] 1 month to 10 months [the defendant makes a confession and reflects, the defendant made a smooth agreement with the victim, and there are no records of the suspension of execution or more.