logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.02.23 2017고단2751
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant has been working as the shop of the agency operated by the injured party C from December 25, 2014 to January 10, 2016, while engaging in the duties such as automobile maintenance and water supply.

On September 11, 2015, the Defendant repaired the F’s vehicle run by E at the foregoing agency and received 280,000 won from the Defendant’s wife G bank account (H) and used the F’s vehicle for the business purpose of the said agency, and used it for personal purposes, such as living expenses, around that time.

In addition, during the period from around that time to January 8, 2016, the Defendant embezzled 1,7690,000 won in total by the same method 38 times from the place of Ulsan Blsan, such as the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. Statement made by the police against C;

1. Details of deposit transactions, etc.;

1. A detailed statement of automobile inspection and maintenance;

1. Investigation report (attached to data - Account transaction statement);

1. Application of Acts and subordinate statutes, such as a report on investigation (as to the details of the amount of damage) and inquiry into deposit account;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Although each embezzlement of the reasons for sentencing selective sentencing of imprisonment with prison labor is not highly strong, the Defendant seems to have embezzled almost ordinary repair expenses for more than five months even on criminal facts.

The damage has not been recovered, and almost unilaterally contact has been cut down.

Although a fine has been imposed, criminal punishment has already been imposed on several monetary issues.

In addition, in consideration of the defendant's age, sex, environment, attitude after the crime, etc., the sentencing guidelines for sentencing is 4 months - 1 year and 4 months, which are the basic area of embezzlement type 1 (less than 100 million won).

Punishment shall be determined as ordered by the text.

arrow