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(영문) 대구지방법원 서부지원 2016.03.10 2015고단1649

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 15, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for breach of trust and two years of suspended execution, and the said judgment became final and conclusive on May 23, 2015.

【Defendant Co., Ltd.: (a) entered into a contract for replacement of PCA-250 presses (110-02014) with PC-110 presses (110-2014) with the victim-owned PC 2 at a factory located in Daegu-gu, Daegu-gu, on March 22, 2012; (b) entered into a contract for replacement of 2,904,000 monthly rent for 2,900 presses (2,904,000 to April 22, 2012 through March 22, 2015; and (c) concluded a lease contract for replacement of 200 presses (30-10-1043, 2050-200 presses) with the same place as the victim on June 27, 2012; and (d) concluded a lease contract for lease of 200-205 presses (2050-10-204,25).

While the Defendant kept 4 presses (BS-300 presses, 2S-250 presses, 2S-10 presses, and 2S-110 presses) equivalent to 31,000,000 won in total of the market price for the victim, the Defendant embezzled the above presses by delivering at his own discretion at the same place on March 12, 2013 to the Korean Mar. 12, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. - A copy of the rental agreement, - a certificate of acceptance of sirens, - a notice of termination

1. A complaint;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a confirmation during the period of suspect A stay of execution);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)