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(영문) 대전지방법원 홍성지원 2020.04.06 2019고단804
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around August 2017, the Defendant is to operate a job placement office with the “D” in the victim B and the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun. The victim secured the customer and the body and supplied the body at the request of the customer after securing the customer and the body, and the Defendant is to attract the investment money, to deposit the labor cost with the account in the name of the defendant Nong Bank (E) in the name of the customer, and to transfer the profits to the investor. For operating profits, the Defendant agreed to allocate the remaining operating profits excluding the sum of the investor’s share and office expenses to 30% by the Defendant and the victim, and has been engaged in the business of managing the operating funds as above from around that time.

around August 12, 2017, the Defendant: (a) received money from F to keep it in custody for business purposes; (b) deposited KRW 900,000,000 from F; and (c) used KRW 70,450,000 for a total of 54 occasions from August 16, 2017 to May 18, 2018, as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of Acts and subordinate statutes on investigation reports;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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 types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: 6 months of imprisonment, one year of suspended sentence, the defendant all of the crimes of this case, and the crime is committed.

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