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(영문) 인천지방법원 부천지원 2014.11.11 2014고단1167

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was a person who was engaged in the business of providing Internet computer game facilities in the name of “CPC bank” on the second floor of the small-si building B in Bupyeong-si.

On January 8, 2013, the Defendant: (a) concluded a contract to use the leased amounting to KRW 21,684,372, including 33 computers and 54 monitors, on condition that the sum of the market prices from January 8, 2013 to May 7, 2014 each month pay 742,50 won within the “CPC bank”; (b) sold the said computer and monitor at will to KRW 13,000,000 on November 20, 2013; and (c) embezzled the property owned by the victim by arbitrarily selling the said computer and monitor at KRW 13,00,000, while keeping and using the said computer and monitor for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A copy of a siren contract, a copy of a siren contract, a certificate of personal seal impression (E), a copy of a resident registration certificate (E), a copy of a business registration certificate (CPC), or a report not capable of disposing of corporeal movables;

1. Details of deposits made by the suspect and the statement of accounts receivable;

1. A criminal investigation report (to hear statements by a criminal defendant or his/her agent);

1. Application of Acts and subordinate statutes, such as criminal records;

1. The crime of this case with the applicable legal provision on criminal facts, Article 355(1) of the Criminal Act of the choice of criminal punishment, and the reason for sentencing the sentence of imprisonment option is that the property kept by the defendant for the victim is sold at will, and the nature of the crime is not good. Even though the amount of damage caused by the crime of this case is not a significant amount, the damage has yet to be repaid or does not agree with the victim, and the punishment is determined as ordered by taking into account the conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and character, environment, motive, means and consequence