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창원지방법원 통영지원 2016.10.20 2016고단1092
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person in charge of the accounting of the business of the press conference with which C, victims D, etc. living together with South Korea from November 7, 2014 to the end of March 2015.

On February 11, 2015, the Defendant received 32,60,000,000 from a mutual incompeting office E in the name of F Co., Ltd. for the victim and deposited 32,60,000 won in the name of F Co., Ltd. for the victim. On the same day, the Defendant arbitrarily transferred 1,537,424 won out of 1,537,424 won from the same day to the KF’s account in the name of F Co., Ltd. and disbursed from that day as shown in the list of crimes.

3. Until June 16, 198, 32,60,000 won were used to make installment payments, debt payments, etc. over 47 times and embezzled.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Application of Acts and subordinate statutes governing the investigation of details of transactions, 32,600,00 won (Embezzlements), the details of admission and withdrawal, the current status of use of fish proceeds (H), and the number of accounts (I);

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (100 million won) basic area (4 to one year and four months) (4 months); and

2. Although the Defendant did not agree with the victim to reflect his/her mistake, the Defendant’s deposit KRW 5 million in the victim’s future in order to recover damage (the deposit written by October 17, 2016) is determined as ordered on the grounds that the sentence was determined by taking account of the Defendant’s age, character and conduct, environment, circumstances leading to the crime, means and consequence, circumstances after the crime, etc., as prescribed in Article 51 of the Criminal Act.