(영문) 수원지방법원 2016.05.13 2015고단4283

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.05.13 2015고단4283

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant agreed to jointly carry out construction works by being awarded a contract to the victim D and E Kimhae Factory Co., Ltd. in the name of the victim for the manufacture and installation of the co-rating facilities in the victim’s name.

Accordingly, around December 16, 201, the Defendant received KRW 18 million from the injured party to the customer for the above construction from the post office account in F and embezzled it by using personal debt repayment etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Descriptions of contract on construction works and machinery and equipment contract;

1. Application of Acts and subordinate statutes entered in a report on investigation (Submission of a detailed statement of remittance transactions);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment for the sentencing guidelines / [type] Embezzlement and breach of trust, and the basic area of Type 1 (less than KRW 100 million) (the scope of the recommended punishment] / April 1 to April 1;

2. In full view of the favorable circumstances such as the Defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, etc., the sentence of embezzlement of this case is not significant, and the amount of the embezzlement of this case is deposited by the Defendant as compensation for damages for the victim, the Defendant deposited KRW 5 million as compensation for the same kind of crime, the Defendant has no record of being punished or has no record of being sentenced to suspended execution or heavier punishment, and other favorable circumstances, such as the confession of the crime, the Defendant’s age, sexual conduct, motive for the crime, and the circumstances as

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

유사 판례

-서울북부지방법원 2018.10.24 2018고단2395

-울산지방법원 2017.11.30 2017노878

-수원지방법원 2017.11.17 2017고단6151

-수원지방법원 2017.09.05 2017고단1608

-서울남부지방법원 2021.02.03 2020고단5123