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(영문) 제주지방법원 2021.02.15 2020고단1454
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is a C staff member in Jeju, who is engaged in the middle and high-ranking consignment sales business.

On February 9, 2020, the Defendant received a request from the victim (owner)D for consignment of 21,000,000 won or more of the market value of Ebc vehicles owned by the Defendant and embezzled the said vehicles by arbitrarily transferring the said vehicles to G by using the victim’s seal at the registration office of the Jeju-si, Jeju-si, 1dong, Jeju-si, 2020, using the victim’s seal at the registration office for the purpose of debt repayment, from the F, a director of the victim company at the Jeju Airport parking lot on March 9, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant, such as a written complaint filed by the police against the F of the police statement concerning the suspect interrogation protocol, a criminal investigation report (in filing of a report on data submitted by a complainant agent), a certified copy of the register, a motor vehicle registration certificate, letters, and Kakao Stockholm data, a criminal investigation report (personal credit information inquiry of the suspect and data on financial transactions), H, a financial transaction report

1. The crime of this case, based on the pertinent legal provisions of the criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing the sentence of imprisonment with prison labor, is an unfavorable circumstance, where the crime of this case is committed by voluntarily transferring a motor vehicle requested for consignment sale and embezzlement, and the crime is bad in its nature, and the defendant did not agree with the victim and did not endeavor to recover from damage.

However, the fact that the defendant recognizes the crime of this case in the investigative agency is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Occupational Embezzlement: Group of Embezzlement Misappropriation, Type 1 (less than KRW 100 million), etc.

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