(영문) 창원지방법원 마산지원 2017.10.25 2017고단628

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2017.10.25 2017고단628

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 2009, the defendant has been engaged in the accounting of the victim as a member in C Co., Ltd. as the damaged person in Changwon-si W.

On June 2016, the Defendant embezzled KRW 60,29,70 in total by the same method twice as shown in the list of crimes committed by the Defendant during the course of performing his/her duties for the victim’s office located in Changwon-si Mapo-si B, Changwon-si for the victim’s members of the victim’s association, who had accumulated in cash each working day, for the victim’s personal living expenses, etc., and then embezzled KRW 1,015,00,00 for the victim’s members of the victim’s association.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

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. Although the reason for sentencing under Article 62(1) (a) (a confession, agreement, and initial crime) of the Act on the Suspension of Execution is not so significant that the defendant is not guilty, a punishment shall be determined within the range of punishment recommended according to the sentencing guidelines of the Supreme Court [the range of punishment [the range of punishment recommended according to the sentencing guidelines of the Supreme Court is less than 10 million won: one month to 10 months (special mitigation factors: sources of punishment not to be imposed, general mitigation factors: no criminal punishment shall be imposed)], taking into account the following factors: (a) the defendant reflects his/her mistake in depth; (b) the victim is the first offender; (c) the injured party wants to leave the preference of the defendant by agreement with the victim; and

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

-형법 제356조

유사 판례

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