logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.07.20 2017고단2288
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is an intermediate merchant of smuggling who scambling with smuggling sales entrusted to farmers who cultivate scambling.

On January 17, 2017, the Defendant entrusted the Victim C, etc. with the sale of 3km 9: (a) from the victim C, etc.; (b) sold D in Yeongdeungpo-gu Seoul Metropolitan Government; (c) sold KRW 1,794,970 from E to the agricultural bank account (F) in the name of the Defendant; and (d) sold the proceeds of sales from E around January 24, 2017 to the money deposited for the victim; and (c) used at will the cost of purchase of his/her smuggling at around that time; and (d) used the proceeds of sales of smuggling by using the same method nine times from around that time to February 21, 2017, in total, KRW 30,454,370 as above, while keeping the victim for the sake of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on shipment slips, a detailed statement of deposit transactions, and a detailed statement of account transactions;

1. Relevant legal provisions concerning criminal facts: Article 355 (1) of the Criminal Act and the grounds for sentencing selecting a sentence of imprisonment;

1. Scope of a recommended sentence based on the sentencing guidelines: The basic area (from April to April) of type 1;

2. The decision of sentence shall be made in consideration of the following circumstances; and

The favorable circumstances: Recognizing the crime, reflecting the fact that the defendant has no record of criminal punishment heavier than the fine, and that there is no record of criminal punishment against the defendant: The amount of damage exceeds 30 million won, but the damage has not been recovered until the end of at least one year after the last crime, and the damage has not been agreed with the victim: Circumstances after the crime, age, family relationship, environment after the crime.

arrow