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(영문) 대전지방법원 논산지원 2014.11.14 2014고단330
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 5, 2014, the Defendant sold 509 rice straw straw straw 509 in the form owned by the victim B to C, and transferred 20,500,000 won to the agricultural bank account in the name of the Defendant’s son’s son’s son’s son’s son’s son’s son’s son, and embezzled 17,50,000 won for personal debt repayment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement concerning B;

1. Application of each of the Acts and subordinate statutes stated in each investigation report and confirmation of details of transactions;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act for the choice of criminal facts;

1. Scope of sentenced punishment: One month to five years of imprisonment;

2. Sentencing Criteria [Determination of Punishment] Group of Embezzlement Misappropriation, Type 1 (less than KRW 100 million) (Scope of Recommendation): Basic area: Imprisonment for 4 months to April 1: None of special mitigation factors: No special aggravation factor:

3. Determination of sentence: Four months of imprisonment; and

4. Whether or not to suspend the execution of sentence (the main reasons for the suspension of execution): The sentence of imprisonment with prison labor shall be imposed within the scope of the recommended sentence, comprehensively taking into account the following factors: Unagreement (the reason for the suspension of execution of sentence): Periodic reflections, extenuating circumstances, and negative impacts of the motive for consideration (the comprehensive comparison and assessment) that were shown in the main reasons for the suspension of execution of sentence; and

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