beta
(영문) 의정부지방법원 2015.01.08 2014고단2746

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 of the final judgment.

Reasons

Punishment of the crime

On August 29, 2012, the Defendant, at the (ju) D’s place of business located in the Nam-gu Incheon Metropolitan City, embezzled the manufacturing machine of the “SVV-4010”, which was issued by the victim under a lease contract and kept for the victim, with the manufacturing machine of the “SV-400,000 won and the manufacturing machine of the amount equivalent to 28,000,000,000, which was owned by the victim’s (ju) enzed Capital,” around February 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A complaint (including the details of the payment of lease fees attached thereto, the lease contract, the detailed statement of the lease contract, the certificate of acceptance (Evidence No. 10 to 17 pages));

1. Application of Acts and subordinate statutes to an investigation report (to hear statements from a complainant);

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the decision of the suspended sentence] The reasons for the Sentencing [the decision of the recommended area] Type 1 (the amount below 100 million won] [the scope of the recommended area] / April / 1 year and 4 months [the general person] : In a case where occupational embezzlement is not in breach of trust: serious reflectness and no record of criminal punishment - In a case where embezzlement is committed [the decision of the sentenced punishment] 8 months, in a case where the defendant was sentenced to the sentencing prior to the suspended sentence 2 years, 39,00,000 won out of 130,000 won out of 130,000 won out of 39,00,000 won out of 139,000 won out of 39,000 won out of 39,000 won out of 32,328,427 won out of 100,000 won out of excluding the remaining amount of the victim's and other damages.