logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.26 2018고단5978
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 2014, the Defendant has been engaged in the management of membership fees as the general affairs of the victim B, a group of friendship.

On May 26, 2015, the Defendant, at the point of Bupyeong-gu, Bupyeong-gu, Incheon Central Agricultural Cooperative branch, the Defendant: (a) withdrawn KRW 700,00 in cash from the Agricultural Cooperative Account (D) in the name of the president, who was in his/her custody for the victim; and (b) embezzled KRW 10,740,236 in total on 15 occasions from around that time to December 22, 2015, as indicated in the list of crimes in the attached Table, from around 15 to around December 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (to attach records on the case of witnesses E and telephone calls, and the details of passbooks, and to the records on embezzlement of suspects);

1. Details of transactions with agricultural cooperatives in F name, and application of statutes on the monthly meeting minutes;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [type determination] Scope of the recommended punishment [decision in the sphere of recommendation] / [Determination in the sphere of recommendation] / [Scope of the recommended punishment] / April / one year and four months / [general sentencing person] - In cases where most of the proceeds of crime are not consumed and held, serious reflectiveness, and no record of criminal punishment - No record of aggravated punishment: In cases of embezzlement;

2. Whether or not to suspend the execution [main reasons] - If negative: Unagreement - Where the substantial amount of damage is considerably small (where the amount of damage not finally recovered is less than 20 million won) (general circumstances): - No positive case: Cumulative crime, no effort to recover damage is made - There is no criminal conviction or more, and most of criminal proceeds have not been consumed and have not been retained.

3. Determination of sentence;

arrow