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(영문) 인천지방법원 2014.09.17 2013고단8520
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant worked as the head of the Criet Sale Business Headquarters and was in charge of the Criet Sale business, and operated a member trading brokerage company individually after his withdrawal, and paid the purchase price from the purchaser to pay it in lieu of the member exchange, and received the transfer of membership rights, and took charge of the transaction mediation and transfer of membership.

On July 2012, the Defendant received KRW 2 million from the said victim to his bank account (F) on the pretext of the purchase price for contact membership on July 2012, 2012, and used it immediately for personal purposes, such as mobile phone charges, at the victim E office of the victim E, which is located in Seocheon-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).

From that time to September 12, 2012, the Defendant received a total of KRW 87,50,000 from the victim as the purchase price for contact membership and used it arbitrarily as operating expenses of the company or purchase price for other people while keeping it for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the complaint and transfer statement;

1. Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with labor, comprehensively, with respect to applicable Articles of the Act and the choice of punishment for the crime;

1. Application of the sentencing criteria (determination of types) : Type 1 (less than KRW 100,00) (the scope of recommendations) ; April - April 1 year and 4 months (basic area);

2. The sentence of punishment shall be sentenced for the defendant in that the amount of embezzlement determined to be sentenced is a large amount, the amount of damage is still not recovered, and the victim wishes to punish the defendant;

However, the defendant recognizes his mistake.

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