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(영문) 대구지방법원 포항지원 2019.09.19 2018고단1673

횡령

Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

On May 18, 2018, the Defendant: (a) in the “CPC bank” located in the Northern-gu, Northern-si B, and (b) sold and embezzled the said goods by selling the said goods to the “E” company in order to use them as the PC operating expenses at the same place on July 5, 2018, while having been installed in the said place the total market value of KRW 230,000,000,000 and KRW 100,000,000,000,000,000,000 won per month for three years; and (c) having been kept for the victim.

Summary of Evidence

1. Police suspect interrogation protocol concerning F of the defendant's statement in court;

1. The police statement concerning G;

1. A lease agreement, a real estate lease agreement, a report on the examination of goods, and a detailed statement of terminated bonds;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act (Selection of Imprisonment) of the option of criminal facts;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommendations], the scope of the punishment for embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment], the reduced amount of punishment, or the amount of less than 500 million won: the reduced amount of punishment [the scope of recommendation areas and recommendations],

3. The sentence of sentence against the accused is inevitable, taking into account the method by which the sentence is to be sentenced, the scale of damage and the fact that the accused has not been sentenced by the victim;

However, it seems that the defendant has recovered from damage due to the counter-performance of mistake, and on October 2018, the principal of the debt as of 1.67 million won for the victim and the lease fee for three months already paid is the amount calculated by deducting the already paid principal from the debt principal of 1.67 million won for the lease deposit as of 1.67 million won for the victim. In the auction procedure for the real estate offered as security, it seems that the amount of cost of 80 million won was distributed around July 2019 and the damage was recovered considerably, and the female student of the defendant, the contracting title, bears civil liability, and there was no criminal power for the same kind of crime and there was a history of punishment more than suspended execution