logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.08.23 2018고단832
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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 is a person who works as the deputy head of the Victim E (victim) Product Production Team Co., Ltd., Ltd., the victim E, the head of which was operated by C from around April 2013 to April 2017, and has been engaged in the purchase of raw ginseng, the manufacture of red ginseng, and the inventory management.

around 07:00 as of August 2014, the Defendant: (a) took advantage of the trucking 1,000 (128,000,000 won and other raw ginseng market value at KRW 2,00,000 (2,000,000) of the 1,000 and 1,200,000,000,000 in the stock storage in the above E E’s family; and (b) sold to the “F”.

Accordingly, the Defendant embezzled the property owned by the victim in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each letter;

1. Application of Acts and subordinate statutes on investigation reports (a written confirmation of EDisciplinary Action and details of deposits by Defendant’s lawsuit), written confirmation, and details of transactions of deposits and withdrawals;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [the scope of the recommended punishment] Class 2 (the range of the recommended punishment shall be between six months and five hundred million won) and the mitigation area (the mitigation area shall be between six months and two years), [the person who has been specially mitigated], and a significant damage has been restored;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

A large amount of damage to the embezzlement of this case, which is about 130 million won, is led to a confession and reflecting that the damage is about 100 million won, including delayed interest, and there is no criminal history of criminal punishment.

arrow