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(영문) 춘천지방법원 원주지원 2014.11.12 2014고단745
업무상횡령
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 of the final judgment.

Reasons

Punishment of the crime

From May 201 to August 2013, the Defendant has been engaged in the business of delivering and collecting food materials of the said company as a proxy of the victim C's company located in the first week from May 201 to August 2013.

On January 31, 2013, the Defendant: (a) had agricultural cooperatives located within the jurisdiction of the Gangwon-do Crossing-gun; (b) had been placed in the business custody for the victim of 4,464,00 bit 480 gg, which was delegated by the victim to deliver to the said Maart from the victim; and (c) had been commercialized around that time and consumed for personal purposes, such as living expenses and repayment of debt.

In addition, the Defendant consumed a total of KRW 22,80,070 by the same method over 257 times, such as the entry in the list of crimes (1-13) through (13), from the above date to July 12, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (related to verification of F distribution);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

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

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determination of types: Embezzlement and breach of trust, and Type 1 (less than KRW 100 million);

(b) In general: Aggravation factors;

(c) Scope of recommendations: Basic area, April to April; and

3. Determination of sentence: Imprisonment with prison labor for eight months, a stay of execution for two years, a community service order for forty hours [the reasonable circumstances] of the same kind (no measure to recover damage shall be taken for an indefinite circumstance];

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