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(영문) 수원지방법원 성남지원 2013.11.28 2013고단1414

횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Around December 21, 2007, the Defendant, on the part of the Defendant, sold to the victim the machine learning center 30 units owned by the Defendant for a period of 48 months, and concluded a facility lease agreement with the victim by way of relet lease from the victim. On the same day, the Defendant: (a) received one set of 30 units of the machine learning center 30 units in the market price owned by the victim from the victim; and (b) embezzled the said machine learning center 30 units of the machine learning center on the part of the victim on June 21, 2010.

2. On December 22, 2009, the Defendant: (a) around 12:01, the Defendant: (b) on December 12, 2009, at D located in Suwon-si Kimhae-si, the execution officer E, who belongs to the Suwon-si branch of the Suwon District Court, damaged or concealed a provisional disposition indication without the enforcement officer’s permission; and (c) on April 1, 201, transferred the said place to F in order to have the effect of the said provisional disposition indication by transferring the corporeal movables with the executory power in the instant court case No. 2009Kadan101023; and (d) by taking a provisional disposition prohibiting the transfer of possession.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (four times, replacement of the accused);

1. The police statement concerning G;

1. Investigation report (F telephone conversations for reference);

1. A report on provisional disposition for corporeal movables and a report on inspection of seized objects;

1. Application of Acts and subordinate statutes to a contract for facility leasing [lease], a contract for facility leasing [lease];

1. Relevant Article 355(1) of the Criminal Act; Article 355(1) of the Criminal Act; Article 140(1) of the Criminal Act; the choice of imprisonment with labor;

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

1. As to the agreement with the victim under Article 62(1) of the Criminal Act, the circumstances should be taken into account for the motive of the crime of the machine learning center 37.