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(영문) 수원지방법원 2017.11.17 2017고단6151
횡령
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 25, 2016, the Defendant embezzled KRW 16 million for personal use, such as operating expenses of the said Association and OO sales expenses, etc. in the vicinity of the original station operated by the victim M who was known to the victim, at the office of Suwon-si D3 branch of Suwon-si, the Defendant: (a) received money of KRW 14 million from each of the victims to the Nong Bank accounts (N) under the same name at the same place on October 21, 2016; and (b) used the money of KRW 30 million in total for the victim; and (c) used the money of KRW 20,100,000,000 among the above KRW 30,000,000 for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Application of Acts and subordinate statutes to details of transactions and detailed statement of deposit transactions by period of receipt;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] The basic area [the scope of the recommended punishment] shall be four months to one year and four months;

2. In this case, the sentence of sentence is inevitable in light of the following: (a) the Defendant embezzled the amount of KRW 20,100,000; (b) the amount of the embezzlement gains; and (c) the circumstances in which the damage has not been recovered to the present day.

However, considering the favorable circumstances in which the Defendant recognized his mistake and reflected, the sentence like the order is imposed within the scope of the recommended punishment, comprehensively taking into account the following factors: the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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