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(영문) 수원지방법원 2019.02.14 2018고단6470
횡령
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 10, 2017, the Defendant applied for subsidies for the commercialization of “F” related to the development of “F” to the victim E in the Young-gu, Young-si, Suwon-si, and the Defendant’s operation under subparagraph C.

8. The same year after being selected as a person around 30.30 and entering into a "project agreement on commercialization and development promotion";

8.30.Around 30.0.00.000,000,000,000

9.1.Around January, 900, government subsidies were received respectively from the above account.

On September 1, 2017, the Defendant, who kept the above money for the development of “F,” repaid KRW 28 million for the amount of goods not already paid regardless of the above business, and paid KRW 60 million to the new bank account in the same month on or around the fourth day of the same month, and repaid KRW 42790,000 which is irrelevant to the above business, by transferring KRW 90,000 to the same new bank account in the same manner on October 12 of the same year, and embezzled KRW 7,169,00 in total on three occasions by taking over KRW 90,000 to the same new bank account in the same way as the loan interest, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of business agreements, business plans, requests for the payment of project costs, remittance certificates, appropriation details of project costs, guidelines for supporting business commercialization of small and medium environment enterprises, and the details of account transactions statutes;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Application of the sentencing criteria (Scope of recommendations) category 1 (100 million won) (4 to 1 year and 4 months) (4 months) and the basic area (4 months);

2. According to the sentence decisions, comprehensively taking account of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and the circumstances after the crime, the sentence as ordered shall be determined.

A favorable circumstances: The defendant seems to have used the embezzled subsidy for the management of the company and not privately useful, and the circumstances that the defendant has no record of punishment for the same kind of crime are disadvantageous: this case.

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