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(영문) 수원지방법원 2018.01.17 2017고단6365

횡령

Text

A defendant shall be punished by imprisonment for six 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 2014, the Defendant was operated by the Defendant who is located in Osan-si, Osan-si.

D In the factory, the heir, who was leased from the deceased E (Death around April 2014), embezzled by selling the amount equivalent to KRW 24 million at the victim F, the 1st eth eth eth eth flst eth flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst flst f

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes governing the lease agreement, equipment lease agreement, equipment photograph, Kakao Stockholm dialogue, details of each deposit transaction, process certificate, transaction agreement, and family relationship register;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [type determination] There is no person who does not fall under any of the types 1 (less than KRW 100 million) (a person who is subject to special sentencing] (the scope of recommended punishment] (the scope of recommended punishment): April to April;

2. Determination of sentence: (a) Consideration of the fact that the amount of damage caused by the instant crime was not significant; (b) that the Defendant repented and reflected his mistake; and (c) that the Defendant paid 40 million won to the injured party; and (d) that there was no record of having been punished for the same criminal record;