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(영문) 대전지방법원 천안지원 2013.10.17 2013고단32
횡령
Text

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

except that 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

From October 5, 2009, the Defendant ordered a astronomical City from October 5, 2009, and was employed by the said C Company E to work as a field manager at the construction site of a new public parking lot located in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu.

On November 9, 2009, the Defendant: (a) divided the labor cost of 30 persons from October 5, 2009 to October 31, 2009 by the victim; and (b) transferred the labor cost of 30 million won to the bank account under the name of the Defendant to the bank account under the name of the Defendant for the victim; and (c) embezzled it by consuming it with hospital expenses, living expenses, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on filing complaints and deposits in passbook;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Determination of the type] 100 million won [Determination of the recommended field] Basic Field / [Scope of the recommended sentence] April to 1 year / [the scope of the general person in charge] - Basic Living and Medical Expenses, etc. / Where the purpose of reduction element of applicable provisions / [the scope of applicable punishment] statutory punishment under Article 355(1) of the Criminal Act : January to 5 [the period of suspended sentence] - Major reasons for writing : negative agreement - negative agreement - General reasons for writing : if there are objective such as positive basic living and medical expenses, etc., the defendant's health is very good [decision of the sentence] - 8 months of imprisonment - two years of suspended sentence (the defendant was not paid wages from the victim, loans to the victim were not granted, and the defendant's health status is very good due to the light of the warning, etc., as ordered by the suspended sentence).

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