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(영문) 인천지방법원 2016.08.19 2016고정1777

횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates D in the Nam-gu Incheon Metropolitan City, and the victim E is a person who sells fireworks.

On October 15, 2015, the Defendant entered into a contract to purchase fireworks 610km from the injured party, and received 610km from the injured party, and kept them in the Defendant’s name in the freezing warehouse of the Free Trade Zone, the Defendant decided not to purchase 510km out of the said fireworks on the ground that the flame is not good.

Therefore, there is no warehouse to keep the fireworks, so that the defendant should pay the custody expenses later than half of the fireworks, and the above 510 km of the victim's possession was stored in the Dae-gu freezing warehouse in the name of the defendant.

However, even though the defendant did not purchase the above fireworks, he arbitrarily disposed of approximately KRW 3,040,000,000 from October 30, 2015 to December 29, 2015 without the victim's consent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant is the first offender, and his mistake is divided and reflected.

In addition, some of the circumstances leading up to the instant crime are to be taken into account, and most of the damage suffered by the victim is to be recovered by depositing the amount equivalent to KRW 4,230,000, equivalent to the amount of damage for the victim.

In addition, comprehensively taking into account all the sentencing conditions, such as the defendant's age, environment, and sex.