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(영문) 서울중앙지방법원 2014.05.23 2014고단594

횡령

Text

A defendant shall be punished by imprisonment for six 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 May 2009, the Defendant was entrusted with the sale of the gold stuffed machine from the victim of Germany on the original Hael Haelg Haurg's Hadem on August 2010, and sold the said gold stuffed machine to E at least KRW 40 million on several occasions from E until December 2012, the Defendant, who received KRW 40 million from E and embezzled it as the Defendant's factory operating expenses at his own discretion while being kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol law to C

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement 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 [Determination of Punishment] Type 1 (100 million won) [Determination of the recommended field] Basic Field [Scope of Recommendation] from April to April 1 year [where the punishment is not an occupational embezzlement or breach of trust, it shall be applicable to the crime of embezzlement of aggravated factors [Scope of Punishment] statutory punishment under Article 355(1) of the Criminal Act: One to five years [Determination of Punishment] against the defendant; substantial amount of damage has been repaid;

It is so decided as per Disposition by reason above.