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(영문) 전주지방법원 군산지원 2018.12.19 2018고단1041

횡령

Text

1. The punishment of the accused shall be three months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On September 21, 2017, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for the crime of intrusion on a structure in the Jeonju District Court’s Gunsan Branch, and the said judgment became final and conclusive on September 29, 2017.

On February 22, 2016, the Defendant entered into a lease agreement with the victim C C&C Co., Ltd. on a total of 16.7 million won of the market price necessary for the operation of the C&C, and had the victim receive and keep the body of the computer from the victim C&C located in the Gunsan City B.

On July 2017, the Defendant voluntarily sold the main body of the computer, etc., which entered into a lease agreement with the victim, to A/S employees of a computer company with influences at KRW 5 million.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the notification of the termination of a contract for facility lease, each standard contract, general lease contract, output of a post office delivery process, goods receipt, order form, order letter, acceptance of order, business registration certificate, the current status of general lease repayment, details of money deposited under general lease (PC), details of calculation of collection of claims, and copies of proof of closure of business;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense, Article 355 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

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

1. According to Article 62(1) of the Act on the Suspension of Execution, in consideration of the case where a judgment on the grounds of sentencing becomes final and conclusive at the same time, and of equity, the amount of damage, the repayment of the amount of two million won, the Defendant’s age, sexual behavior, environment, etc., the sentence shall be determined as ordered, taking into account all kinds