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(영문) 전주지방법원 정읍지원 2018.07.24 2017고단490
업무상횡령
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since August 1, 2015, the Defendant, as a member of the limited company C, has been engaged in the business of securing and collecting customers of ready-mixed lending of the company from around August 1, 2015.

On December 22, 2015, the Defendant collected 1,680,000 won from the E company, which is the business partner, at the construction site located in the area located in the area located in the area located in the area located in the area located in the area located in the area located in the area located in the area of North Korea, and used it for personal purposes from the members of the area located in the area located in the area for the said company around that time.

From around that time to November 21, 2016, the Defendant consumed the total of KRW 38,293,00 by the same method over 30 times from the members of the Military Branch of the Republic of Korea, as shown in the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on the purchase cost table and account transaction details;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

2. Reasons for the sentencing of Article 62-2(1) of the Criminal Act for the observation of protection and community service order [the scope of recommendations] / [the scope of recommendations] / Types 1 (less than 100 million won) from April 1 to April 1] (no person subject to special sentencing] / The amount of embezzlement is larger.

The defendant is punished for suspended execution for the same crime in the past.

The defendant deposited KRW 10 million for the victim, and the punishment of the suspended execution was around 2005.

The defendant shows his attitude to reflect on crimes.

In addition, the punishment shall be determined by comprehensively taking into account various factors of sentencing, such as the age, occupation and environment of defendants.

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