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(영문) 인천지방법원 2016.11.10 2016고단5511

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 26, 2013, the Defendant concluded a lease agreement with the seller (owner) as the user of Hyundai Social Co., Ltd. and the Defendant as the user of the leased facilities in order to purchase at KRW 126,50,00 the machinery called the “satisfing center” at the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the head

Under the above contract, the Defendant, while keeping the said machinery in custody, did not fully pay for the lease cost. On December 2015, 2015, the Defendant embezzled property worth KRW 126,500,000, which was owned by the victim, by receiving KRW 65 million from a seller of used machinery, who was a policeman B, and selling it at will.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written complaint, written application for loan, receipt of articles, mechanical photograph, investigation report (Korean currency of a complainant representative), and criminal records-related statutes;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Punishment] Type 1 (100 million won) (4 to 1 year and 4 months) basic areas (4 months) and the scope of comparative sentence compared with recommended sentences: April -1 year and 4 months (decision of sentence] following the instant crime, the Defendant handed over machinery to the Victim Hyundai Social Co., Ltd. on June 2016 to the victim Hyundai Social Co., Ltd. for the recovery of damage and appropriated for the repayment of the damaged amount.

(1,9670,00 won). By September 2016, the monthly rent has been continuously paid up to September 31, 2016, and a total of KRW 80,000,000 corresponding to 31 times of the total of 48 times has been paid. The remainder of the rent is equivalent to KRW 40,000,000,000,000 won has been agreed to

The defendant.