logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2015.06.18 2014고단693
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant has been engaged in debt collection business from July 20, 2012 to December 2013 at the victim Sejong Credit Information Company.

On August 3, 2012, the Defendant received KRW 386,00 from creditors D for legal expenses and used personal expenses in order to deliver it to the victim company as well as 62,294,900 in total on 44 occasions from the above date and time to December 2013, as shown in the list of crimes, as shown in attached Table 44 times from the above date and time to December 2013, the Defendant received 62,294,900 from creditors for legal expenses, investigation expenses, and did not deliver it to the victim company as debt repayment expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (telelined to 20 persons, such as victim F);

1. Application of current status lists, copies of passbooks, and detailed statement of financial transactions statutes;

1. There is no basic area [the decision of sentence] (4 to 100 million won) (the term of the defendant's sentencing] (the decision of sentence] under Article 356 and Article 355(1) of the Criminal Act regarding criminal facts, Article 356 and Article 355(1) of the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommending punishment] (4 to 100 million won) (the decision of sentence] under the basic area (4 to 14 months) [the number of times of crimes is 44 times, the amount of embezzlement is large, the amount of embezzlement is large, the victim failed to recover the damage even if the victim has given a considerable period for recovery of the damage, and the defendant has consumed the amount of embezzlement for his/her debt repayment and living expenses

arrow