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(영문) 의정부지방법원 고양지원 2016.05.10 2015고단3572

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2013, the Defendant entered into a lease contract with the victim 2,00,000, total market value of the 32,000,000,000 type of mechanical equipment, including 6,40,000,000 type of equipment and 36 months, monthly payment of 88,060, total contract amount of 32,000,000,000, and the lessee’s wife as Defendant’s wife, and kept two of the above mechanical equipment, as a case.

While the Defendant kept two machines owned by the victim, on January 2014, the Defendant: (a) at the D D office operated by the Defendant (State); (b) at the website of the used machines, sold the said two machines arbitrarily to a person who was unaware of the name he became aware of through the website of the used machines; and (c) transferred possession of the said two machines to another person.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to accusation and lease agreements;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence under Article 62 (1) of the Criminal Act, the background and degree of damage of the crime in this case, and the defendant deposit five million won out of the amount of damage for the victim and will repay the full amount of damage

The punishment as ordered shall be determined in consideration of various sentencing conditions, such as the fact that the defendant's age, sex, environment, etc. is being changed.