logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.01.22 2015고단1886
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From November 2011, the Defendant was in charge of the management of the clan funds by being audited by the F clan from around November 201.

On June 1, 2013, the Defendant sold KRW 330,00,000 to H 3,918m2, which is the land owned by the said clan, in accordance with the resolution of the members of the clan, and embezzled KRW 16,604,495 by consuming KRW 16,60,000,00 for his own living expenses, without using it for the victim’s own living expenses, while in his/her business custody for the said clan, the Defendant deposited KRW 330,00,00 in the agricultural bank account under the name of the head of the Tong for the said clan, which is the land owned by the said clan, in addition to withdrawing KRW 1,160,219,90 from that time until May 26, 2014.

Summary of Evidence

1. The defendant's statement at the sixth public trial date in court;

1. Each legal statement of witness E andJ;

1. Investigation report (Submission of suspect A transaction statement of passbook A);

1. Application of the Acts and subordinate statutes on the transactions of the head of a clan and agenda for extraordinary general meetings;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation Order [the scope of recommended punishment] No person (10 million won to less than 50 million won) in the basic area (10 million won to 3 years) [the decision of sentencing] [the decision of sentencing] of Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation Order, there is no reason for sentencing [the scope of recommended punishment] 2 types (10 million won to less than 50 million won) [the decision of sentencing] of Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Order. However, it is recognized that the defendant is against his mistake, but the defendant uses a lot of money for a clan in the course of carrying out a

arrow