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(영문) 청주지방법원 2013.12.06 2013노632

횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. As to the grounds of appeal, there are unfavorable circumstances against the Defendant, such as: (a) the Defendant obtained a false lease agreement on the instant machinery from G to conceal the sale of the instant machinery at will; (b) the investigative agency denied the instant crime; and (c) the attitude of not complying with it; (d) it appears that no measures were taken to recover from damage, such as the fact that the instant machinery sold at will was returned to the victim E; and (e) it appears that the gains acquired by selling the instant machinery at will would be significant; and (e) there are records of being sentenced to a fine or a suspended sentence due to a similar or similar crime.

However, when the defendant was in the trial, he recognized the crime of this case and went against it, and the above victim sought the wife against the defendant by agreement with the victim F, and the victim E wishes to take the wife against the defendant (the victim E submitted a written application to the purport that he sought the wife against the defendant although he did not agree with the defendant in the trial). The defendant was in custody of the machinery of this case at the request of the victim E who was in a close-friendly relationship with the defendant, and the victim E was unable to receive the transportation cost and storage cost of the machinery of this case while he was in custody of the machinery of this case, and it seems that the victim E would have suffered from economic difficulties while keeping the machinery of this case. The defendant did not recover the machinery of this case. The defendant was sentenced to a punishment, without any history of being sentenced, and the mother, his father and children and her aged children are likely to have difficulty in living for a long time, etc., and the circumstances, circumstances and experience of this case, and the circumstances of this case, and the background of the crime of this case.