(영문) 의정부지방법원 2017.01.18 2016고단4126

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.01.18 2016고단4126

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 1, 2015, the Defendant entered into a consultation agreement with the victim of the victim D in Nam-gu, Namyang-si, with the “E Camp-gu, Socially, Camp-gu,” and was engaged in the recruitment of club members (socially, camping team), the operation and management of the camping-gu, and the collection of fees for the use of the camping-gu.

Around July 28, 2015, the Defendant embezzled KRW 193,490,000 in total over 143 times from October 4, 2016 to KRW 143 times, as indicated in the list of crimes in the attached Table, when he/she was engaged in business for the victim by collecting a sum of KRW 1,40,000 from a person in charge of “F” using the above camping site, and was in custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of consulting contracts, certificates of fact, crime list, details of each financial transaction, and inquiries into trade-related Acts and subordinate statutes in the open-gu, which is the society;

1. The relevant legal provisions and Articles 356 and 355(1) of the Criminal Act regarding the facts of crime (in addition, the scope of the punishment of imprisonment) / [the scope of the punishment of imprisonment] 2 types / [the scope of the punishment of imprisonment / [10 million won or more or less but less than 500 million won] / there is no person who has a special sentencing [one to three years] / [the sentence decision] / The amount of the criminal defendant’s occupational embezzlement exceeds KRW 193 million, which is the amount equivalent to KRW 193 million, and has not been recovered from damage up to the present.

The defendant has committed a crime of occupational embezzlement even though he/she is under investigation by an investigative agency upon the victim's complaint.

In light of this point, the nature of the crime is not good, and the responsibility for the crime is also hot.

However, the defendant recognizes all his mistake and reflects it.

It seems that up to now 87 million won has been repaid out of the amount of damage.

It has no record of the same crime and has been punished for a suspended sentence once due to the crime of an escape vehicle.

Family members and branch members of the defendant want to take the action against the defendant.

This is the same.

참조조문

-형법 제355조 제1항

-형법 제356조

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