횡령
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
The defendant of the criminal history room is a person who has operated a room in the name of "D" in the end-gu Seoul Metropolitan City of Jeonju.
At the above location, the Defendant purchased 46,087,50 won in total and 45 units of computers and monitors equivalent to the market price owned by the Victim E Co., Ltd. (F) from the victim E Co., Ltd. (the representative director F), and paid 1,230,208 won each month between March 15, 2016 and March 15, 2016. The Defendant entered into an installment sales contract with the victim Co., Ltd. to the effect that the ownership of the said computers and monitors will continue to be held by the victim Co., Ltd. and received delivery from the victim Co., Ltd.
While the Defendant kept the aforementioned computers and monitors for the victim company, on December 12, 2014, in accordance with the above contract, he did not pay the remaining installments of KRW 29,183,260, and embezzled the said computers and monitors by receiving KRW 15,00,00,00 from a middle proprietor who was unable to know his name while closing the said room at the time of the closure of the said room.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to a contract for installment sales (including detailed sales) to be made, a certificate of acceptance verification, a summary statement, a certificate of providing a security for transfer, a process certificate, a debt repayment plan, and a statement of interest under the Act and subordinate statutes;
1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) that the defendant who has no record of punishment heavier than that of the criminal records of the same type or of the fine is divided, and Article 62 (1) of the Criminal Act takes into account the fact that the defendant's father, in order to guarantee the payment of the balance of the above installment, takes over overlapping obligations by H, who is the father of
1. The community service order under Article 62-2 of the Criminal Act;