logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2017.04.26 2016고단2286
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From 1994 to 2009, the Defendant is a person who works as accounting staff from “E farm” operated by the victim D in Pyeongtaek-si C, and was in charge of raising and withdrawing funds for farm operation.

On January 9, 2002, the Defendant, at the above farm office, embezzled the victim’s property at will by using the following method from around 129 to June 25, 2009, total sum of KRW 417,260,488, and arbitrarily using the victim’s property from the victim D’s account to the Defendant’s husband F’s personal expenses, such as living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A criminal investigation report (Preparation of a list of embezzlement amounts);

1. Complaint;

1. A detailed statement of transactions in each passbook;

1. Details of transactions of each passbook;

1. Application of each of the statutes governing the judgment;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. Reasons for sentencing selecting a sentence of imprisonment [the scope of the recommended sentence] Class 2 (10 million won or more to be less than 500 million won) [the case where considerable damage has been restored to [the person who has been specially mitigated]] area of mitigation (six months or more to 2 years] [the case where a sentence is rendered]: The circumstances that are favorable: confession, reflectivity, initial crime, and considerable damage has been repaid for a considerable amount of damage: the case has been continuously reduced for a considerable period of time; the total sum of the embezzled money exceeds 40 million won; the amount exceeds 137 million won; the victim has not reached an agreement with the victim; and other sentence, such as the defendant's age, family relation, and circumstances leading to the crime, etc., shall be decided as per Disposition on the grounds of imprisonment for not less than one year.

arrow