횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 18, 2013, at the D office operated by the defendant on the 1st floor of Songpa-gu Seoul Metropolitan Government, the defendant requested the victim E to sell the FPDUE Black Matt as a Bacquerel, 1 fPPPEM bicycle, fPPEM bicycle 1, fPEAM bicycle as a skincquerel on April 10, 2013, and fPPEM bicycle 1, fPPEM bicycle 1, fPUE Bacquerel as a lecquerel on April 15, 2013, and kept the victim for the sake of the victim.
Around August 2013, when the defendant kept the above bicycles for the victim, he/she arbitrarily uses the FPDUE GDPR bicycle 1 to 26.80,000 won as a Bacquerel, without paying to the victim the proceeds for sale. Around December 2013, 2013, the defendant arbitrarily uses the FPDUE Duck Meck Meck Matt bicycle sales proceeds, without delivering the proceeds for sale of chain parts to the victim. Around January 6, 2014, he/she arbitrarily uses the FPDUE GITRO bicycle 1 unit, FPPPPUTTRO bicycle 1 unit, FPPEM bicycle 1 unit, FPPEM bicycle 1 unit as a Bacrel, under the pretext of debt reimbursement, with the fPPEM 1 unit, FPPEM 1 unit, FFFcrel, or with the bacquerel, and at his/her own discretion, he/she embezzled and 13.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes of Part I of the bicycle consignment list;
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;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Article 62-2 of the Act [the grounds for sentencing [the scope of recommending punishment] Article 62-1 category 1 (less than KRW 100,000] is not agreed upon (the decision of sentencing], but it is against the law, and the repayment of the amount exceeding KRW 13 million is deemed to have been made, and there