(영문) 전주지방법원 2018.09.20 2018고단1368

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Reasons

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(영문) 전주지방법원 2018.09.20 2018고단1368

횡령

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

On February 5, 2015, the Defendant entered into a contract to purchase KRW 102,30,000 (including additional taxes) at the 1st market price of the C-type press machine at the time of transfer of ownership at the time of transfer of ownership in full payment of the price from the office of the C-type Co., Ltd. located in the Seoul-gun, the Defendant, a representative director of C-type Co., Ltd., and received the delivery of the said machine around March 27, 2015.

While the Defendant kept the said machinery in C for the victim, the remainder remains at KRW 54,00,00,000, the Defendant embezzled by selling it to C&C Co., Ltd. on May 17, 2017, as it had been retained by the victim, even though its ownership was reserved, the Defendant embezzled the remainder at KRW 54,00,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning submission of reports by the police to E, written complaints, and documentary evidence by complainants;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] that there is no type 1 (less than KRW 100 million) (no person subject to special sentencing] (the scope of the recommended punishment] from April to April (the basic area);

2. The sentence shall be determined as ordered by taking into account the following circumstances: (a) the victim’s compulsory execution of the sentence; (b) the Defendant’s compulsory deposit for the victim during the instant period; (c) the Defendant’s fault was restored to the extent of KRW 17 million; (d) the Defendant recognized the Defendant’s fault; and (e) the Defendant had no record of criminal punishment at the time of the instant crime; and (e) the background and consequence of the crime; and (e) the Defendant’s age, sex behavior, environment, etc., which

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

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