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(영문) 춘천지방법원 강릉지원 2017.12.13 2017고단847

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates the “DPC room” and “F” in the East Sea.

On November 28, 2014, the Defendant entered into a contract with C&C Co., Ltd. (hereinafter “instant company”) to lease 70 computers and 70 monitors for three years, which is a lessee company (hereinafter “the instant company”). The Defendant sold 15 4690 (8G, B85, GTX760) computer companies as well as 30,00,000,000,000,000,000 won from the Defendant’s new Capital Co., Ltd. (a contract under which the instant company would pay five billion won to the new Capital Co., Ltd., and receive five billion, and to lease industrial equipment, etc. for a certain period of time) from the victim’s new Capital Co., Ltd. (hereinafter “the instant company”). The Defendant sold 10,000,000,000 won and 30,000,000,000,000 won and 10,000,00,00 won from each of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes, such as all kinds of lease agreements, including a contract for facility lease, and a contract for facility lease;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)