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(영문) 인천지방법원 2016.04.15 2016고단195
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2014, the Defendant: (a) entered into a contract with the victim D Co., Ltd. office located in Jung-gu Incheon, Jung-gu, Incheon; (b) the representative director E of the said victim’s company and the airline’s “in the event that customers such as a partnership port are accommodated in the hotel, they shall attract the said customers to the hotel and make them be accommodated in the hotel; and (c) shall claim accommodation expenses to the airline, and the victim company shall pay the said expenses to the airline; and (d) the victim company shall pay the general hotel members KRW 10,00 per guest room, and the crew shall pay 7% of the guest room fee as fee.”

On March 30, 2015, the Defendant’s accommodation costs of KRW 167,800 from HAWAIIN AIRINES, in Young-do located in Incheon Jung-gu around March 30, 2015, the same year

3. 31. Around 31. MAOR 13,722,400 accommodation costs, and the same year.

4.2. Competitive SHDONG AI 17,650,600 won for accommodation expenses, and the same year.

4. Around 28.28. Around that time, a sum of KRW 32,286,60,00, including accommodation charges of KRW 745,80,00 from XAM AI, was transferred to the account under the name of the defendant and embezzled by arbitrarily using it as accommodation charges, living expenses, etc. of other hotels contracted by the defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A complaint;

1. Application of a contract, certificate of balance of credit sales claims, and copy of a passbook;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment ( comprehensively referred to as imprisonment with prison labor);

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 1 (4-100,000) basic area (4-100,000) [no person subject to special sentencing] [decision of sentence] 6 months of imprisonment, 2 years of suspended sentence execution is against the defendant and all of the crimes of this case are recognized, the defendant has no record of punishment for the same kind and suspended sentence, and the defendant has no record of punishment for the same kind and suspended sentence, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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