logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2012.10.18 2012고단3774
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant’s occupational embezzlement from April 1, 201 to the same year.

9. By the end of 30.30, the victim C and Daegu Suwon-gu D decided to operate a job placement service with no trade name.

On March 22, 2011, the Defendant, at the above job placement office, received KRW 20 million as office operating expenses from the victim and embezzled the victim for business purposes. Around that time, the Defendant used the victim’s debt repayment and living expenses at a KRW 20 million and embezzled the victim’s arbitrary consumption of KRW 58 million through four times from that time to May 6, 201, as shown in the annexed crime list.

2. The Defendant who violated the Employment Security Act from April 1, 201 to the same year.

9. By around 30.30, without registering with the head of Daegu Suwon-gu head of the Gu, received money and valuables from entertainment taverns such as the F main store located in Daegu Suwon-gu E located in the place described in the preceding paragraph, and arranged for fee-charging job placement services to be called "Dou-do" under the name of G, H and I.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of J and K;

1. A copy of a C name passbook;

1. Original copy of a notarial deed;

1. A copy of the Daegu bank passbook;

1. A copy of the passbook in the name of the defendant;

1. Application of the Acts and subordinate statutes of each investigation report (related to submission of notarial deeds, submission of K's certificate and confirmation document by J, submission of passbooks related to the debt repayment of suspects, and submission of unregistered job placement offices);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement, the choice of imprisonment), subparagraph 1 of Article 47 and Article 19 (1) of the Employment Security Act (the point of free and fee-charging job placement service and the choice of imprisonment);

1. In light of the fact that, among concurrent crimes, the embezzlement of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is larger than the sum of 58 million won, but the damage recovery has not yet been made, it is inevitable to place a statutory restraint, along with the sentence, against the defendant.

(b).

arrow