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Reasons
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(영문) 의정부지방법원 고양지원 2014.08.22 2014고단972
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The Defendant, from June 2012 to August 2013, 2013, was engaged in the management expenses and disbursement of the loan and warehouse management as the general affairs of the tenant's meeting of Jeju-si, Jeju-si.

On June 2012, the Defendant received management expenses of KRW 200,000 from the victim D, etc., who is the occupant of the loan, and kept KRW 46,880 in the balance of KRW 153,120 out of them, and kept KRW 46,880 in the balance of KRW 153,120 from the victims as stated in the attached list No. 1 and the attached list No. 2 from the victims to August 2013, as stated in the attached list No. 213,210 in the management expenses of KRW 8,225,150 in the aggregate of KRW 13,210 in the management expenses of KRW 4,984,850 and around September 5, 2013, the Defendant kept KRW 7,984,850 in the aggregate of KRW 1,50,00 in the warehouse rent of the loan from the F around the 10th of the same month.

From September 2013 to March 2014, the Defendant consumed the Defendant’s cost of living, such as the Defendant’s house monthly rent and the Defendant’s child’s child’s child’s surgery treatment expenses, in mind.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Revenue and expenditure details of management expenses;

1. Revenue details of monthly management expenses;

1. Application of Acts and subordinate statutes to delegation of complaint;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense (or, collectively, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation]: The basic area (4 to 1 year and 4 months) (the decision of sentence] of the Defendant, despite having been sentenced to imprisonment with the same or similar force in the past, leads to the crime of this case again despite having been sentenced to imprisonment with the same or similar force in the past.

However, the defendant supports a child suffering from a disease in need of continuous protection and treatment after release.

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