횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person who operates “F” in Silsi E in the name of Silsi.
On April 9, 2012, the Defendant entered into a contract with the victim G to lease machinery of KRW 18,800,000 in total market value of KRW 3,00,00,00,00 in total of the market value of KRW 18,80,00,00 from the victim G, at an authorized broker office where the Defendant’s address is unknown. The Defendant entered into a contract with the victim G to use the machinery of KRW 18,80,00 in total of market value of KRW 3,00,00.
On May 27, 2015, when the defendant kept the above machinery in F, the defendant was demanded to return from the injured party on or around May 27, 2015. On or around April 4, 2016, the defendant sold part of the above machinery to the purchaser of the non-name machinery at KRW 3 million, and around April 5, 2016, the remaining machinery was sold to the purchaser of the non-name machinery at KRW 8.8 million and transferred to the purchaser of the non-name machinery.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of examination of the suspect against the accused by the prosecution (including each part of examination of the suspect);
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes on filing of a complaint, mechanical lease agreement, and details of transactions;
1. Relevant Article 355 of the Criminal Act and Articles 355 (1) and 355 of the Criminal Act, the choice of imprisonment for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is not good. However, the punishment as set forth in the Disposition is determined by comprehensively taking account of all the circumstances, including the following: (a) the Defendant reflects his mistake; (b) the Defendant paid the amount equivalent to KRW 15 million; and (c) the Defendant paid the amount equivalent to KRW 15 million; and (d) the Defendant and the victim have no record of force; and (c) the relationship with the Defendant and the use of embezzlement