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(영문) 창원지방법원 마산지원 2015.04.22 2015고단110
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around May 26, 2011, the Defendant: (a) leased 1st (HMH-100), around July 19, 2011, and around August 25, 2011, the Defendant used 1st-1st-1 (HMH-100); (b) around September 201, when the Defendant used 1st-1st-1st-1st-1st-2 (HMH-100); (c) around September 201, at D’s factory operated by the Defendant in Chang-si, Chang-si, Chang-si; (d) around January 201, 201, the name of 12nd-1st-2 (HMH-100); and (d) the name of 1st-1-100,000 won (HV-1100); and (e) the name of 15th-1-5th-25th-3rd-201.

The Defendant embezzled the total amount of KRW 82.6 million (based on the market price of machinery at the time of the lease agreement) of the said three machinery owned by the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. From among concurrent crimes, a sentence of punishment shall be imposed in consideration of the amount of damage in this case for the reason of sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, the amount of damage in this case for a considerable period of time granted to the defendant, and the fact that the defendant was not agreed with the victim, among concurrent crimes: Provided, That the punishment shall be determined as ordered

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