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(영문) 서울동부지방법원 2018.08.28 2018고정651

횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 30, 2016, the Defendant entered into a lease agreement with the victim C&A Co., Ltd. and the computer main body 82, Samsung 32, Samsung 32, Samsung 32, and Samsung 32 B&D monitors 16, and the lease term "4,390,000 won", "from September 30, 2016 to March 30, 2019", and the lease fee "1,805,000 won" was kept on May 10, 2017 after receiving the body of the aforementioned computer from the victim, and sold at will the victim's name at 126,430 won out of the total price, and sold at 30,000 won to the above victim's name at 20,000 won to the above victim's name at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a contract for facility lease, a contract for security for transfer, and a statement of deposit;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. According to Articles 70(1) and 69(2) of the Criminal Act, the sentencing conditions indicated in the trial of the instant case include the following: (a) the Defendant has no record of criminal punishment for the same crime for the reason of sentencing; and (b) the Defendant issued proceeds from the sale of a computer to the victim; and (c) the Defendant paid some of the proceeds even after the sale of the computer, etc., the sentence shall