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(영문) 인천지방법원 부천지원 2014.09.05 2014고단1441

횡령

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who has been operating a mechanical parts processing business chain in Bupyeong-si, Seocheon-si B.

On March 21, 2012, the Defendant entered into a lease agreement with the victim D Co., Ltd. to pay KRW 5,000,000 to KRW 728,790 per month rent for 36 months, and received the said machinery from the Defendant.

Around June 2012, the Defendant kept the said machinery for the victim, and transferred the said machinery to a secondhand machine with which his name could not be known.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The current status of each lease contract, detailed statement of the lease contract, written estimate, special agreement, certificate of acceptance, inquiry into the closure of business, details of consultation, and deposits under each contract;

1. Application of Acts and subordinate statutes to inquiry reports;

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 (the fact that the defendant has no record of being punished by a fine or heavier, and other factors, such as the age, character and conduct, environment, circumstances after committing the crime, etc.);