(영문) 대구지방법원 경주지원 2019.05.22 2019고단21

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 경주지원 2019.05.22 2019고단21

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From May 2018 to October 2018, the Defendant is a person who is working as the head of the business team at the D&D branch in the operation of the D&D branch in the former North Korea-U.S., and has overall control over attracting events, concluding contracts, holding events, confirmation of reservations, and receiving payments.

On May 4, 2018, the Defendant received 1 million won from the above D Company’s non-resident in his name to the company bank account (E) for the use of the church camp, and kept it for the victim. At that time, the Defendant consumed it for personal purposes, such as the repayment of debt, from the non-resident in his name.

From around that time to October 15, 2018, the Defendant consumed the total of KRW 35,979,000 in the same way from the members of the non-Gun Council via the same 29 times, such as the list of crimes in the attached Table.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the details of accident occurrence and settlement statement;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) in relation to the relevant criminal facts;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of type) shall be limited to embezzlement and breach of trust [type 1]. There shall be no person who is less than 10 million won [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of recommendations and recommendations, four months to one year and four months.

3. Determination of sentence: Determination of sentence of imprisonment with prison labor for not less than four months and the fact that there are no extenuating circumstances considering the criminal history of the defendant, and the damage was recovered by the defendant;

The sentence of the defendant is inevitable in that there is no declaration of intention that the defendant is not punishable by the victim company or by the victim company.

However, the defendant is against the crime, and the defendant is prior to the crime of this case.

참조조문

-형법 제355조 제1항

-형법 제356조

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