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Reasons
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(영문) 인천지방법원 2019.10.07 2019고단5611
횡령
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On May 18, 2019, the Defendant appears to have received a proposal that “C Bank Account Number (E)” as stated in the C Bank Account Number (D) Bill in the Defendant’s name appears to be a clerical error in the “C Bank Account Number (D)”, which appears to be a clerical error in the C Bank Account Number (D) column.

(Evidence No. 11) Delivery was made.

At around 15:30 on May 20, 2019, the Defendant: (a) deposited KRW 18,000,000 in the said Cbank account; (b) despite having known that the amount was the amount of damage from Bosing, the Defendant embezzled an amount equivalent to the said amount by transferring KRW 18,00,000 to the H Association account (I) in the husband’s name at around 15:44 on the same day; and (c) using it for the purchase cost, etc. of the second and second vehicles at that time.

As a result, the Defendant embezzled money for the victim of Bosing, while keeping it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the provision of financial transaction information;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing Criteria [Determination of Punishment]. Embezzlement and breach of trust [Type 1] There is no person who is less than KRW 100 million [the scope of recommending area and recommendation] (the scope of recommending area and recommendation] basic area, imprisonment with labor for not less than four months and one year and four months;

2. Determinations of sentence shall be 18,000,000 won; and

It is highly likely that the defendant's money deposited in his own account will be transferred to the husband's account without delay to use it for personal purpose.

However, the defendant returned 7,365,151 won that remains after being used by the victim on September 2, 2019.

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