beta
(영문) 수원지방법원 2012.12.26 2012고단2900

횡령

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the sale of semiconductor equipment with the trade name of Co., Ltd.

On August 24, 2011, the Defendant deposited only one unit of ALD ( Model: TECHO200), 1 unit of DRY ETS ( Model: P-5000), 3VD ( Model: : 202ACU), 1 unit of CVD (PED: SPED: OP2690) and 1 unit of MTROOLGY ( Model: OP2690) on October 21, 201. On October 24, 2011, the Defendant embezzled the remainder of the Defendant’s personal debt, including embezzlement of KRW 130,000,000,000,000,000 to E and paid to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecution examination protocol of the accused;

1. Legal statement of witness F;

1. Application of the details of equipment, copies of custody certificates, and the Acts and subordinate statutes governing equipment photographs;

1. The grounds for sentencing under Article 355(1) of the Criminal Act for the pertinent provision of criminal facts and the choice of punishment are crimes to which the sentencing guidelines apply.

[Determination of Punishment] The basic area of embezzlement and breach of trust between KRW 100 million and below KRW 500 million [decision of the recommended area] [the scope of recommendations] 1 year to 3 years [where the crime of embezzlement and breach of trust is not an occupational embezzlement and breach of trust: Aggravative element : (i) where the crime of embezzlement is committed : (ii) where the crime of embezzlement : (iii) the principal reasons for the suspended execution : negative : (iv) where the agreement is not reached : (v) statutory applicable sentences : (v) year to 5 years : 1-3 years ; (iv) the defendant has no criminal history of the same crime and imprisonment without prison labor or heavier punishment; (v) the defendant was faced with difficulties in running his business; and (v) the defendant's individual and his family members are also faced with economic difficulties, such as voluntary decision of the commencement of auction; and (v) the defendant's individual and the defendant's family members have been released from the above sentencing guidelines.

On the other hand.