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(영문) 서울중앙지방법원 2019.11.28 2019고단5449
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who had been engaged in the art brokerage day around 2006.

Around October 2006, the Defendant was delegated by the Victim B, who performs an art brokerage work in Seoul, to sell one of the main electronic points of Korea, to be considered in Seoul.

On October 31, 2006, the Defendant sold 60,000,000,000,000,000,000,000,000 won to the High Art E located in Jongno-gu Seoul, Jongno-gu, Seoul, and then embezzled 5,00,00 won for personal purposes such as the repayment of debt in Seoul, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective police protocol protocol to B, G, H, I, F, and J

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [Type 1] (no person specially punished] below 100 million won [the scope of recommendations and recommendations] basic area, imprisonment with labor for up to 4 months and 14 months [the general person who is punished] - Where a mitigation element is not an occupational embezzlement or breach of trust: In cases of embezzlement (the grounds for suspension of execution of sentence] - Major illegal grounds: Unagreement;

3. Determination of sentence shall be made in the same manner as the order for sentencing, taking into consideration the motive, developments, methods, the amount of damage, the amount of damage not recovered, the criminal records of the defendant, the age, character and conduct, the environment of the defendant, and the circumstances after the commission of the crime in this case.

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