logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.23 2017고단6902
업무상횡령
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a person who manages the funds of a clan from August 4, 2009 to August 4, 2010 while performing the financial affairs of the clan C.

On November 26, 2009, the Defendant voluntarily disbursed the amount of KRW 19 million, which is part of the above money, for the purpose of a clan in the family management account of the Seo-gu Incheon Metropolitan City, for the performance grade, such as Defendant and its members D, E, and F, without a resolution of a clan meeting on August 12, 2010.

As a result, the defendant embezzled the victim's property while carrying the victim's property on duty.

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] category 1 (less than 100 million won) and the basic area (from April to January 1) (no person subject to special sentencing];

2. Determination of sentence: (a) the amount embezzled by the Defendant is not a large amount; (b) the amount specified in the advance sheet of withdrawal was arbitrarily raised in the course of withdrawal of the fund; (c) the method of the crime is not suitable; (d) the circumstances after the crime are committed; (e) the agreement or damage was not avoided; (e) the agreement or damage was delayed; (e) the actual acquisition of only a part of the embezzled amount was made; (g) the initial crime was the first crime; and (e) some of the subordinate members were the Defendant’s preference to the Defendant; and (g) the punishment is determined as ordered in consideration of the favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime; and (e) the circumstances after the crime.

arrow