logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.05.30 2016고단5302
업무상횡령
Text

1. The defendant shall be punished by imprisonment for eight months;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

The Defendant, from March 2015 to June 2015, was engaged in the agency sales contract as the head of D Co., Ltd. with the purpose of manufacturing and selling ELD lighting and other equipment in Geumcheon-gu Seoul Metropolitan Government.

Around May 7, 2015, the Defendant concluded a "regional total sales contract" with the victim E, and embezzled KRW 5 million in total over 10,000,000 on May 7, 2015, around May 2015, 2015, and 32 million won around June 30, 2015, from the victim’s agricultural bank account under the name of the Defendant for each of the victims, while receiving transfer of KRW 2,101,80 to F on May 7, 2015, from the above date to July 1, 2015.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement protocol by prosecution;

1. Statement made by the F or G police;

1. Details of transactions with the account of the recipient;

1. Statement of complaint and certificate of contents;

1. Details of transactions of bankbooks, list of special sales price contract agencies by employees, and deposit list;

1. Application of Acts and subordinate statutes in 30 copies of an investigation report (Attachment to a regional total sales contract), sight of a regional total sales contract, and application of the total sales contract;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment);

1. Reasons for sentencing under Article 186 of the Criminal Procedure Act, which bears the costs of lawsuit;

1. Application of the sentencing criteria [the scope of the recommended punishment] Type 1 of the sentencing criteria for embezzlement and breach of trust crimes (the amount less than 100 million won) and the basic area ( April to one year and four months) (the person subject to special sentencing) is nonexistent;

2. Determination of sentence is a favorable sentencing element, such as the fact that the defendant confessions and reflects a crime, partial recovery of damage, and there is no record of punishment for the same kind of crime.

On the other hand, the crime of this case is highly likely to be subject to criticism in that it against the victims of a friendly relationship.

The defendant is an agency of Kimpo-si from damage.

arrow