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(영문) 인천지방법원 2014.04.10 2013고합793
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From June 201, the Defendant was delegated by the victim D, the owner of Seo-gu Incheon Seo-gu C Borrowing, with the duties of selling the loan by proxy from the victim D.

On July 11, 201, the Defendant embezzled the total sum of KRW 630,00,000,000,000 received from six buyers from time to October 11, 201, as shown in the attached list of crimes, for the purpose of voluntary consumption of KRW 130,000,00,000, in the sale office in Seo-gu Incheon Metropolitan City, after selling C lending 102 Dong 402, to E, for the purpose of debt repayment, etc. while in his/her business custody.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Full certificate of the registered matters;

1. Application of each statute;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act for the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] 50 million won or more but less than five billion won [the decision of the recommended field] basic area / [ the scope of the recommended sentencing] / 2 or more years from 5 years to 5 years [the general person] - Where the mitigated element is not an occupational embezzlement or breach of trust - where the aggravated element is not an occupational embezzlement or breach of trust - [the suspended sentence] - Where the crime of embezzlement is an aggravated element - [the case of suspended sentence] - Where the reasons for negative reference are negative: Unagreement - There is no previous

3. The amount of embezzlement determined to be sentenced is equivalent to KRW 6.31 billion, the victim also wishes to punish the defendant's severe punishment, the record of being sentenced to a fine for occupational breach of trust on April 29, 2004, and the purchaser is urged to pay the sale price voluntarily consumed before.

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