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(영문) 수원지방법원 2015.04.29 2015고단301
횡령
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a person who has operated a business for the purpose of manufacturing electronic equipment between “C” in the ethic City B.

The defendant around January 7, 2010 is the same as the victim's yeast Capital Co., Ltd. in the above C office around January 7, 2010.

When full payment of lease fees is made within the lease period of 36 months, monthly lease fees of 853,435 won, and lease fees of the above machine, the lease contract concluded with the victim to acquire the ownership of the above machine and kept the above machine by delivery from the victim.

The Defendant received KRW 18 million from a person’s non-name on February 2, 201 or around March 3, 201 and embezzled the said machinery by arbitrarily disposing of it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a lease contract;

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 suspended execution (Consideration of the accused and the degree of damage);

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

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