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(영문) 인천지방법원 2017.08.18 2017고단1322

횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal record] On September 6, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the Incheon District Court’s Vice Branch branch branch office on September 6, 2016. The judgment became final and conclusive on August 8, 2017.

[2] On November 19, 2012, the Defendant entered into a lease agreement with D and 1,500,000 won per month on the part of the victims in Jung-gu Incheon, Jung-gu, Incheon, on the part of D and the part of the victim H Co., Ltd. in the name of the victim limited partnership companyF and the part of I Trr in the name of the victim H.

After paying rent for a period of two months, the Defendant borrowed money to a person whose name is unknown at that time, and offered it as security, and did not receive contact between the victim and the victim more than several times. On March 2013, the Defendant did not return it to the victim regardless of the victim’s request for return on March 2013.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (to hear statements from relevant witnesses and attach a written statement);

1. A truck management contract and written confirmation;

1. The original register of each motor vehicle (Trackers and Tracers);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes as provided for in the crime of embezzlement with respect to a heavier GIST)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The sentencing criteria shall not apply to the crimes of this case for which the sentencing criteria are not applied, since the crime of this case for which the sentencing criteria are not applied is in the relationship of concurrent crimes before and after the judgment

2. Determination of sentence;