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(영문) 수원지방법원 2014.10.30 2014고단4432

횡령

Text

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

Reasons

Punishment of the crime

On April 24, 2012, the Defendant leased 71,00,000 won of the computer body of the amount of KRW 131,60,000,00 from the FFF Capital, and monitor 72 (the content of ownership until the ownership is paid in installments for 30 months) and used and stored the DPC in operation of DPC in Gangdong-gu Seoul, Gangdong-gu, Seoul, while using and keeping it. On November 19, 2013, the Defendant, while paying a total of 180,00,000,000 won from the FF Capital, disposed of it by receiving the amount of money in the market price from E and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Lease contract, detailed statement, written estimate, and certificate of acceptance;

1. Application of Acts and subordinate statutes on deposit by contract;

1. The grounds for sentencing under Article 355(1) of the Criminal Act and Article 355(1) (Selection of Imprisonment) of the Criminal Act [the scope of recommending punishment] the types 1 (100 million won) (4 to 1 year and 4 months) of the basic area (4 to 1 year) and the scope of comparative sentencing of recommended sentences: April to 1 year (1 year and 4 months [10 million won]; efforts have been made to recover from damage, such as deposit of deposits of KRW 10 million, etc., the sentencing guidelines shall be set in five months, taking into account the following factors: