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(영문) 대구지방법원 포항지원 2020.06.09 2020고단439

업무상횡령

Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2018 to December 2019, the defendant has been working as the head of the field office in the victim B dispute resolution committee and has been engaged in the management and supervision of apartment construction.

The Defendant, a material remaining after using the victim’s Pohang-gu apartment construction during the above period, was stored in the above place for the victim’s business in a temporary cable equivalent to KRW 15.8 million in the market price, and the market price of KRW 46 million in the above place. At that time, the Defendant arbitrarily disposed of and embezzled the temporary cable for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A contract, certificate for registered matters, current status of each cable cooby, and a certificate of retirement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. The execution of a sentence shall be suspended only once, taking into account all the circumstances, such as the defendant's age, career, and family relationship, including the fact that the defendant commits a crime by which he/she is sentenced and the amount of damage is sentenced to imprisonment in consideration of the method of determining the sentence and the amount of damage, that the defendant reflects the wrongness of the defendant, that the defendant agrees with the victim, that there was no previous criminal record and no