(영문) 수원지방법원 안양지원 2013.06.12 2013고단408

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안양지원 2013.06.12 2013고단408

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant was the representative director of the victim C Co., Ltd. from May 4, 2009 to March 30, 201, and thereafter a director of C Co., Ltd. is in the position of keeping the funds of the victim Co., Ltd.

On May 31, 2011, the Defendant: (a) arbitrarily transferred KRW 254,50,00 from the damaged corporation’s account that was kept in custody for the said company at an irregular place to the Defendant’s name bank account; and (b) embezzled total of KRW 169,838,00 by arbitrarily consuming the amount of KRW 169,838,00 from September 27, 201, as indicated in the list of crimes, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. An abstract of a bank transaction statement and a corporation passbook;

1. Application of certified transcript of corporate register or business registration certificate statutes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution [the scope of punishment favorable to the reasons for sentencing] (the scope of punishment] of imprisonment with prison labor for not less than one month but not more than ten years [the scope of recommendation] [the scope of punishment] of imprisonment for not less than six months and not more than two years (the amount of not less than KRW 100 million and less than KRW 500 million) of the crime of embezzlement and breach of trust within the scope of not less than six months (the amount of special punishment] - The mitigated element of the crime of embezzlement and breach of trust: A company or family company (the amount of general punishment): Where the crime of embezzlement is committed [whether or not the suspension of execution of punishment is made] - Major pride reasons for the crime of embezzlement

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

-형법 제356조

유사 판례

-수원지방법원 안양지원 2013.11.29 2013고합191

-서울고등법원 2016.11.11 2016노2106

-부산지방법원 2020.09.16 2020고단1858

-서울남부지방법원 2017.02.15 2016고단5567

-광주지방법원 2014.11.07 2014고합143