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(영문) 인천지방법원 2020.05.21 2019고단3395

횡령

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 2016, the defendant, as the representative director of the Dispute Resolution Co., Ltd. in the Gyeonggi Si Si-si, entered into a lease agreement with the victim Co., Ltd. and kept 1,000,000,000,000,000 won of the market price of the loan from the injured Co., Ltd. for the damaged Co., Ltd., and around August 2017, the defendant, in the office of the Dispute Resolution Co., Ltd., brought one of the above Jin-ro owned by the damaged Co., Ltd. to the factory in E, and continuously disposed of one of the damage Co., Ltd., as the damage Co., Ltd., in his name, for repayment of liabilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. A complaint;

1. Application of the police protocol of statement to F;

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations and recommendations] [the scope of punishment] and the scope of embezzlement and breach of trust [the type 2], the amount of which is at least 100 million won, the amount of which is less than 500 million won [the amount of special punishment] - The mitigation factor: the mitigation area of punishment or significant damage has been restored [the scope of recommendations and recommendations], six months to two years;

2. Determination of sentence: One year of imprisonment with prison labor and two years of suspended sentence (the details of and amount of damage to the crime committed on the market, the victim's non-won to the punishment, the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc.);