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(영문) 수원지방법원 안산지원 2016.12.08 2016고단1178
횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who had been operating a horse in Pyeongtaek-si C from April 201 to September 2015.

On May 1, 2013, the Defendant, while entering into a lease contract with the victim E, received and kept the sales money sold from the victim's static Corner's Corner's Corner's bank account (F) from the Defendant, and agreed to settle the sales amount of each share to the victim.

The Defendant, in accordance with the aforementioned agreement, was in custody of the sales money that the victim sold meat, etc. while operating the static point, and the victim was in custody from May 25, 2015 to the same year.

5. The phrase “total 35,98,89,339 won” in the indictment written from around 30 to September 19, 2015, including voluntary use of KRW 26,02,482 for the accounts receivable to the traders, etc., as well as the total amount of KRW 35,99,99,339 in the indictment written from around 16 times to around 19, 2015, is deemed to be an error in calculation.

B arbitrarily withdrawn from the custody of the victim for the victim and arbitrarily consumed the outstanding amount or personnel expenses of the transaction company of the defendant, and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of each Act and subordinate statute to include a commercial lease agreement, embezzlement-related materials, and sales status by date;

1. In light of the relevant Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, comprehensively, the scope of embezzlement and breach of trust of the grounds for sentencing the sentence of imprisonment selective sentencing is recommended, and the basic area (one to three years) is the maximum amount of damage, but the damage has not been repaid at all, the sentence shall be imposed on the defendant in consideration of the following:

In determining the term of punishment, criminal records other than fines shall be deemed to have resulted in this case due to the management difficulties of the defendant, which are operated by the defendant.

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