(영문) 수원지방법원 안산지원 2016.03.24 2016고단180

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자간(%)

(영문) 수원지방법원 안산지원 2016.03.24 2016고단180

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a representative under the name of the “D gas station” in Si interesting City C, and the victim E is the actual operator of the said gas station.

With respect to the operation of the gas station, the Defendant, with intent to arbitrarily withdraw and use the money deposited in the said account in the name of the business operator and the company bank account (Account Number:F) in the name of the Defendant, without the consent of the victimized party, from the money deposited in the said account. On December 19, 2015, the Defendant arbitrarily withdrawn and embezzled KRW 44,316,126 on four occasions in total, including arbitrarily withdrawing the money deposited in the said account from the bank account on December 19, 2015, around December 22, 2015, KRW 2,700,000, around December 23, 2015, and KRW 6,000,000 on December 23, 2015, and KRW 15,116,126 on December 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each of the Acts and subordinate statutes stated in the complaint, letter of delegation, summary of the same industry, and copies of passbook in the name of the head office D;

1. The Defendant shall be sentenced to a punishment, taking into account the following circumstances: (a) the pertinent statutory provisions on criminal facts; (b) Article 355(1) of the Criminal Act; (c) type 1 (in the scope of recommending the reasons for sentencing the sentence of imprisonment selective sentencing) of the basic area (from April 1 to April 4) where the amount of damage was not paid at all as much as the amount of damage was incurred; and (d) the circumstances after the crime, such as raising the embezzled money with gambling money, are not bad in the circumstances after the crime.

In determining the term of punishment, the defendant has an attitude against the crime of this case, and there is no record of crime other than the fine, etc., it is necessary to determine the same term of punishment as the order in consideration of all the circumstances.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제355조 제1항

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