(영문) 인천지방법원 부천지원 2014.11.27 2014고단2794

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2014.11.27 2014고단2794

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around July 26, 2013, the Defendant entered into a lease agreement with the Defendant’s office located in Kimpo-si B on the leased term of 36 months, the lease fee of 472,600 won per month, and the lease fee of 472,600 won per month, on the part of the Defendant’s office operated by Kimpo-si, Kimpo-si, the Defendant entered into a lease agreement with the victim’s C&A (GEB-1350), on the leased term of 36 months, lease of 13,000,000 won and the market value of 30,50,000 won per annum (GEB-1350), on the leased term of 36 months, 381,80,000 won per month, on the leased term of 30,300,000 won per month, and then, concluded the above 30,500,000 won per month of 20,301.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a complaint, each facility lease contract, machine sales contract, quotation, certificate of receipt of goods, lease inspection report, and official writing, machine, photograph, etc.;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of recommendation [decision of types] The sentencing criteria for embezzlement crime, the sentencing criteria for embezzlement crime, and the absence of less than KRW 100 million (type 1) (the scope of recommendation punishment), [the scope of recommendation punishment] 4 months to one year and four months (basic area);

2. Determination of sentence: In the event that the defendant has embezzled a large amount of money in April, most of the damages have not been recovered, and it is inevitable to sentence the defendant as a sentence.

However, the Supreme Court's sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence, circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court's sentencing committee, etc. shall be determined as per the order after considering the fact that the defendant has been led to the confession of the crime, and the court's detention is not required to give the victim an opportunity to pay damages

참조조문

-형법 제355조 제1항

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