(영문) 울산지방법원 2015.07.10 2015노251 | 리걸엔진

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(영문) 울산지방법원 2015.07.10 2015노251

횡령

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed without undergoing a liquidation procedure, and embezzled the proceeds from the sale of property in the same business without undergoing a liquidation procedure, and the defendant committed the crime of this case by using trust relationship with the victim who is a partner, and the embezzlement amount is not less than 48.5 million won, and the victim still wishes to punish the defendant because he did not agree with the victim, etc., which is disadvantageous to the defendant.

However, according to the records, the defendant recognized all of the crimes of this case and was in depth and reflected in depth, and the remaining 31.5 million won of the defendant's embezzlement, excluding 48.5 million won of the proceeds from the sale of the company's property sold by the defendant, was reduced by 31.5 million won in consultation with the buyer E.

It is recognized that the victim was paid to the victim. Ultimately, the victim is judged to have been paid KRW 31,50,000 out of KRW 80,000,000,000,000, which is the amount equivalent to the victim's share (1/2), which is 30,000,000,000 won. The defendant's embezzled money appears to have consumed a considerable portion of the amount to organize the business places operated by the victim as a partner with the victim. The defendant's favorable circumstances, such as the defendant's age, family relations, criminal records, personality and behavior, environment, means and method of the crime, the motive and circumstance of the crime, etc., and the application of the sentencing guidelines of the Sentencing by the Sentencing Committee, such as the defendant's punishment of KRW 700,000,00,000,00,000,000,000,000,00,000).

3. The defendant's appeal is justified.

참조조문

-도로교통법

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