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(영문) 대전지방법원 천안지원 2015.11.02 2014고단524
업무상횡령등
Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for six months.

However, as to Defendant B and C, this shall not apply.

Reasons

. Reasons for sentencing

1. Type A* 1 crime applicable to the sentencing guidelines: Each of the above crimes of embezzlement and breach of trust [decision on the types of embezzlement] [Determination on the recommended sphere] [the scope of recommendations] 1 to 5 years: 2 stages increase in the number of years as a result of combination of concurrent crimes: 1 to 10 years: statutory punishment under Article 356 of the Criminal Act: One month or 10 million won (Determination on the types of fraud): Basic area [the range of recommending sphere] from 6 to 16 months [the range of recommending range]: Article 347 of the Criminal Act; Article 34 of the Criminal Act : The basic area of embezzlement [the range of punishment: the maximum amount of punishment for 1 to 10 billion won; Article 3 of the Criminal Act : The basic area of punishment for embezzlement and breach of trust [the range of punishment for 2 months: the maximum amount of punishment for offenses committed before July 1, 2015]; Article 1 to 2 of the Criminal Act / [the maximum amount of punishment for offenses subject to punishment for breach of trust [the scope of punishment for one year from /3 months to /3 months]; the punishment for obstruction of punishment for obstruction of business];

A punishment shall be imposed in consideration of the fact that there is no particular criminal history, the degree of participation is minor, and that Defendant A, who is the husband, is sentenced to punishment.3. There is no record of the crime committed by Defendant C and there are circumstances that can be considered in the motive of the crime (the fact that the assigned service institution was unable to choose, the relationship with Defendant A, etc.).

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