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Reasons
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(영문) 인천지방법원 2014.06.11 2013고단6586 (1)
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from March 11, 2009 to August 23, 2011, worked as the head of the business of the victim D Co., Ltd., Ltd., which had C701 Seoul Guro-gu, and was engaged in the business of the said company and the sales proceeds collection.

On April 6, 2011, the Defendant: (a) collected two promissory notes of KRW 6,483,620 from the “F office,” the customer of the victim in Mapo-gu Seoul, Seoul; (b) deposited KRW 1,483,620 at the face value, KRW 1,785,960 at the face value, KRW 1,00,00 at the face value, KRW 1,000 at the face value, and KRW 1,00,000 at the face value; (c) lent KRW 9,406,50 from the above G to the H account of the Defendant’s wife; and (d) embezzled it from that time to August 1, 2011, and embezzled KRW 18,76,469,580 at the face value, which was kept on behalf of the victim for the sake of the victim at his/her own discretion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A complaint;

1. Application of the statutes governing the details of transactions by banks in the name of the suspect H;

1. Reasons for sentencing under Articles 356 and 355 (1) of the Criminal Act, comprehensively including relevant Articles of the Act and the choice of punishment for the facts of crime;

1. Application of the sentencing criteria [Determination of types] Type 1 (less than KRW 100 million) for embezzlement and breach of trust crimes (the scope of recommendations) (the scope of recommendations) from April to April (the basic area);

2. It is inevitable to sentence a sentence in that the defendant who made the decision of a sentence was led to confession, and his mistake is divided, but the amount of embezzlement was not so much, but the damage was not recovered at all, and the victim was willing to punish the defendant;

(A) The court shall decide upon the type of punishment as ordered, taking into account the motive, means and result of the crime, the age, environment, criminal records, family relations of the defendant, circumstances shown in the arguments and records of this case, such as the circumstances after the crime.

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