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(영문) 대구지방법원 2016.05.19 2016고단1011
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from January 201 to December 2015, from January 201, to December 2015, is a person who is working as a motor vehicle dealer in Daegu Northern-gu B, and the victim D is a person who operates the said C.

Defendant on January 30, 2015 and the same year

2. 2. Around December 2, 2015, Echip car in the above C was sold to F KRW 7,400,000,000 including registration fees, and was kept in custody for the victim. Around that time, from around December 2, 2015 to around December 2, 2015, the Echip car in the above C was arbitrarily used for personal living expenses, etc., and embezzled by using 252,870,000 won in total of sales proceeds of used cars for 18 times as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to account statements used by a defendant;

1. The grounds for sentencing under the pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act for the selection of punishment for the crime [the scope of recommending punishment] [the scope of recommending punishment] No person who does not have a person subject to special sentencing [one year to three years] in the basic area (one year to five hundred million won) of the type 2 (the amount between KRW 100 million and KRW 500 million) of the breadth (the sentencing decision] (the sentencing decision] as set forth below, the following circumstances constituting the sentencing conditions specified in the records of the instant case, such as the age, sexual behavior, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc. shall be determined as set forth in the Disposition.

Unfavorable circumstances: The amount of damage caused by the Defendant’s embezzlement reaches KRW 250 million, and the amount of damage has not been recovered properly.

The defendant has the history of the same crime.

The defendant shows a attitude against his fault and supports his family.

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