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(영문) 서울서부지방법원 2014.05.09 2013고단3110

횡령

Text

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

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

Reasons

Punishment of the crime

On March 5, 2012, the Defendant entered into a lease agreement with the victim filial Capital Co., Ltd. and the victim 50 units of assembly computers owned by the victim in Mapo-gu Seoul Metropolitan Government on March 5, 2012, setting the lease period of 24 months and monthly lease fees of 2,490,016.

Nevertheless, around October 2012, the Defendant received and sold 20 million won to a computer dealer who was in custody of the victim in the PC room and embezzled 50 million won at the market price of the above 90 million won.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for reference D);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the residual rent has been 3,4860,00 won, the fact that the defendant recognized the crime and repented the defendant, the fact that the defendant has

1. Social service order under Article 62-2 of the Criminal Act;