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(영문) 인천지방법원 2016.05.26 2015고단8136

횡령

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for breach of trust by the Incheon District Court on August 27, 2015, and the said judgment was finalized on September 4, 2015, and is engaged in the sale of construction machinery in the name of “F” from Yeonsu-gu Incheon District Court E.

"2015 Highest 8136"

1. On May 11, 2015, the Defendant was entrusted by the Victim C&W International Co., Ltd. with the sale of one unit of G mining searcher, which is owned by the said company, on June 9, 2015, and embezzled by using the same for personal purposes, such as the performance of obligations to customers, at the F office located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon. On June 9, 2015, the Defendant sold one unit of the above mining searcher to I, who is an employee of the F&L, and received KRW 51 million on the same day and kept in custody.

"2016 Highest 1240"

2. On August 3, 2015, the Defendant: (a) received a request from the victim J to sell high voltage 2, 200,000 won from the victim J on the said office; (b) concluded a contract to sell the 6 sale of the said 2,00 won from the said 200,000 won from the date of transfer to August 25, 2015; and (c) embezzled the victim’s property by consuming the said 17 million won out of the said payment for personal use, such as credit card payment, from the daily members, such as Incheon around the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police to I (2015 high group 8136);

1. Each police statement concerning K (2015 Senior 8136 senior group), J (2016 senior group 1240 senior group);

1. A certificate of transfer of construction machinery (hereinafter referred to as "certificate of transfer of construction machinery") ;

1. Previous convictions: References to inquiries, reports on the unused previous convictions and results of the dispositions, and application of Acts and subordinate statutes attached thereto;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime, and Article 355 of the Criminal Act;

1. Each disposition of concurrent crimes, the latter part of Article 37 of the Criminal Act, but Article 39 (1) of the Criminal Act (each of the above crimes and the crime of breach of trust in judgment which became final and conclusive);

1. Article 37 of the Aggravation of Concurrent Crimes Act.