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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1325
업무상횡령
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

The defendant served as Korean Chinese Chinese, the victim B (representative C) corporation, and from March 12, 2014, the defendant served as D's accounting as a local corporate corporation of the above company from March 12, 2014, and has been engaged in managing and selling the Chinese export goods of the victim company.

around June 2014, the Defendant: (a) was kept in custody for the injured company for business purposes on the part of the injured company, after having 3300 ambling 3,000 ambling, which was owned by the injured company at the market price of KRW 150,000,000 which was exported by the injured company; and (b) entered the logistics warehouse located at the time of Taesung, Shansung, China

8. Around night, a disposition was taken, including the following sales, which arbitrarily released the 3,300 glag.

As a result, the defendant embezzled another person's property in breach of his occupational duty.

Summary of Evidence

1. Defendant's legal statement;

1. A written prosecutorial statement of the defendant;

1. An interrogation protocol of the police against the accused;

1. C (one time to three times) and each police statement to E;

1. A house of business;

1. Export declaration completion certificates;

1. Application of Acts and subordinate statutes to the name of the defendant;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing selective to imprisonment with labor;

1. The range of recommendations on the sentencing criteria [the range of recommendations] [the range of decisions on the sentencing criteria] : Type 2 (the amount exceeding 100 million won, the amount below 500 million won) / the basic area / the scope of recommendations] 1 year to 3 years; and

2. Determination of sentence: Determination of sentence: Determination of sentence shall take into account all the conditions of sentencing as shown in the arguments in the instant case, including the circumstances as set forth below eight months of imprisonment, and the age, character and conduct, environment, circumstances of the Defendant, and circumstances after the commission of the crime. However, determination of sentence within the scope of sentence recommended by the sentencing guidelines set by the Supreme Court sentencing committee is somewhat harsh for the Defendant. Thus, determination of sentence shall be set out beyond the lower limit, and

The favorable circumstances: Even if based on the statement on the victim's side, the value of the goods embezzled by the defendant is recognized as criminal facts.

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