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(영문) 수원지방법원 2016.03.11 2015고단5092

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant agreed to pay rent of KRW 6,173,400 per month for 60 months for the 1SE (acquisition cost 378,00,000,000) for the D office operated by the Defendant (hereinafter referred to as “victim Company”) and sold the F ray arbitrarily after receiving rent of KRW 260,00,000 from F 20,000 to F 30,000 from the D office around May 2015.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A contract for facility lease;

1. Detailed statement of the general lease agreement;

1. Certificates of acceptance;

1. Application of Acts and subordinate statutes on mobile phone text pictures;

1. The grounds for sentencing (the scope of recommending punishment) of Article 355(1) of the Criminal Act and Article 355(1) of the Selection of Punishment Act on criminal facts [the scope of recommending punishment] No person who does not have a basic area (1 to 3 years) (1 to 50 million won) (1 to 3 years) of the type 2 of embezzlement and breach of trust (the scope of punishment shall be more than 100 million won) [the decision of sentencing] [the amount of the machinery cost that the defendant embezzled exceeds 378,00,000 won, and the amount of the machines that the defendant embezzled exceeds 30 million won, and the amount that has not been recovered until now exceeds 30,000,000 won; the defendant did not pay monthly rent at time at the time when the crime of this case was committed, and even if the lease contract was terminated, he shall be sentenced to imprisonment with prison labor.

However, the fact that the defendant recognized the crime, and the business difficulties were committed by the defendant, and the defendant continued to pay the monthly rent to the damaged company after the crime, and paid a total of KRW 100,535,763 after the lease contract, and the damage recovery of the victimized company is partly guaranteed by paying KRW 75,60,000 as the deposit money at the time of the lease contract.