횡령
A defendant shall be punished by imprisonment for six months.
The defendant pays 71,00,000 won to an applicant for compensation.
3.2
Punishment of the crime
From May 3, 2011 to December 2, 2011, the Defendant, who was a wedding hall director from around May 3, 201 to around November 2, 201, recommended the victim D to make an investment that the principal and the profits should be guaranteed when investing in the State E. Accordingly, the victim invested the Defendant’s total amount of KRW 150 million on August 24, 201, KRW 250 million on the same month, and KRW 250 million on the same month.
Afterward, the Defendant invested KRW 250 million, which was received as above, in E through F. However, upon dismissal from E around November 2, 201, the Defendant embezzled KRW 250,000,000 from January 10, 201 to June 28, 2012, while having received all refunds from E and kept for the victim, the Defendant returned KRW 154,00,000 to January 15, 2013, and embezzled the remainder of KRW 96,00,000 for voluntary consumption for the said individual purpose.
Summary of Evidence
1. Defendant's legal statement;
1. Statement D in the police of the accused and the suspect interrogation protocol of the prosecution;
1. Application of the police statement entry laws to D
1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;
1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation are the first offender with no previous conviction, and some damage is recovered.
However, the crime of this case is deemed to have been embezzled by arbitrarily consuming the amount of money of the victim, which the defendant has been returned from the Dispute Resolution E, and the nature of the crime is not good. Even though the amount of damage caused by the crime of this case is not much, there is no significant amount of damage yet to be paid, and the defendant's age, character and environment, motive, means and consequence of the crime, and the circumstances after the crime are considered in the sentencing of this case.