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인천지방법원 부천지원 2016.09.09 2016고단1590

횡령

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 29, 2015, the Defendant was sentenced to the suspension of the execution of two years for embezzlement in the Busan District Court Branch Branch of the Incheon District Court on August 29, 2015, and the judgment became final and conclusive on December 14 of the same year, and operated “B” to withdraw plastics and manufacture “B”.

around June 28, 2013, the Defendant: (a) leased deposit amounting to KRW 66,50,000 from the victim Samsung Card Co., Ltd. in an amount of KRW 21,712,00,000, monthly rent of KRW 36 months, monthly rent of KRW 1,564,200; (b) stored two parts and accessories for the victim; (c) continuously sold them at the same place around October 4, 2013, at the same time, at KRW 40,00,000,000, including one unit and accessories for the modern launch-type period, and KRW 30,00,00,00,00,00 from the victim’s Samsung Card Co., Ltd. to KRW 12,00,00,36 months, lease period, and KRW 971,300,00,000; and (d) sold them within 30,000,000,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. E statements;

1. Each siren contract, each written contract, written estimate, written report on the occupancy of goods, each lease/ene deposit sheet, and written confirmation on the installation of goods;

1. References to inquiries, such as criminal history, reports on non-disposition previous convictions, and application of the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the Defendant’s mistake, the Defendant’s primary crime that had no record of punishment prior to the instant crime, and the Defendant.