(영문) 서울중앙지방법원 2016.01.12 2015고단6480

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크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.01.12 2015고단6480

업무상횡령

Text

A defendant shall be punished by imprisonment for six 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

Around June 25, 2015, the Defendant embezzled the money by borrowing and consuming the money to the neighboring Hall, while he/she received a request from the victim D to process one unit of 20 million won in the market price from the victim D in the above C office at around June 25, 2015, the Defendant: (a) voluntarily provided the said Ban to the neighboring Hall on July 20, 2015; and (b) borrowed and consumed the money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant provided the Montreal anti-mond as security and borrowed money for personal use. In light of the motive for the crime of this case or the form of the crime, etc., the crime is not likely to be committed.

Nevertheless, the victim did not reach an agreement with the victim and did not take any measures for the recovery of damage.

The victim wanted to punish the defendant for a severe punishment.

In light of these circumstances, it is necessary to strictly punish the defendant.

However, the following facts are considered as favorable circumstances for the Defendant: (a) the Defendant recognized all of the facts constituting the instant crime; and (b) the fact that there was no record of punishment exceeding the past fine, etc.; and (c) the Defendant’s age, sex, environment, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc., considered various factors of sentencing as indicated in the records and the theory of changes, and the sentence as ordered

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