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(영문) 대전지방법원 논산지원 2014.12.05 2014고단402
업무상횡령
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a business member of the Victim F Co., Ltd., Ltd., located in Gyeyang-si, Chungcheongnam-si and the head of the A/S team from October 2006 to October 2013, who was engaged in the business of selling and repairing the machinery of the Victim Company.

On October 30, 2012, the Defendant accepted the machinery of the Victim Company from G and embezzled KRW 165,00 from G to H in return for deposit of KRW 165,00 for the Victim Company, and used it in mind at that time. From that time until April 10, 2013, the Defendant embezzled total of KRW 19,873,00 in total over 54 times from that time until April 10, 2013, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer on I;

1. Written statements of J;

1. Application of Acts and subordinate statutes listed in employment contracts, detailed statement of deposit transactions, investigation report (in pages 451 of investigation records);

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. The sentencing guidelines [decision of types] the group of embezzlement and breach of trust crimes, the category 1 (less than 100 million won) [the scope of recommendations] mitigation area: Imprisonment or imprisonment with prison labor for a period of 10 months: considerable damage recovery/special aggravation factors: None;

3. Determination of sentence: Six months of imprisonment; and

4. Whether or not a suspended sentence is positive for two years [main reasons for a suspended sentence]: A suspended sentence of imprisonment with prison labor accompanied by probation and community service order shall be imposed, as ordered, within the scope of the recommended sentence, by comprehensively taking into account the main reasons of the agreement (comprehensive comparison and evaluation) as well as the reasons for the general reference and all the circumstances revealed in the arguments in this case, as a whole, prior to the failure to reach an agreement (general grounds for a suspended sentence): There is no serious reflect negative effect on damage:

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