(영문) 수원지방법원 여주지원 2016.08.03 2015고단657

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(영문) 수원지방법원 여주지원 2016.08.03 2015고단657

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From October 27, 2009 to February 2, 2010 and September 12, 2012, the Defendant is the representative and actual operator of the Dispute Resolution D, which is a land purchase, development and sale company, from September 2, 2012.

The defendant borrowed money in the name of the company for the purpose of using it as business funds, and received money from the bank account in the name of the bank in charge of the loan and kept it for business purposes.

On January 22, 2010, the Defendant voluntarily withdrawn KRW 1,000,00 from the said AFC account in the name of the said AFFD and used it as living expenses, etc. from the two horizontal spots around that time, and embezzled it by withdrawing KRW 22,740,00 in total on 27 occasions, such as [Attachment] No. 1 to No. 27 of the daily list of crimes, from October 23, 2010 until October 23, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the J's statement);

1. Statement made by the police to J;

1. Details of accounts in the name of D, details of financial transactions, and details of each A transaction;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Class 1 (less than 100 million won) of the mitigated area (one month to October) / [the person specially mitigated] a company or family company (the person specially mitigated] who has been sentenced to a punishment heavier than the same crime or fine for the six-month suspended sentence. The defendant was not sentenced to a punishment heavier than the same crime or fine for the two-year suspended sentence, and the victimized company directly inflicted damage on the third party, such as the creditor, etc. of the victimized company, due to the instant crime

The same sentence as the order shall be pronounced in consideration of the circumstances that are difficult to see.

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

-형법 제356조

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