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(영문) 광주지방법원 순천지원 2017.01.11 2016고단1935
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of punishment 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 operated CPP in 1,00.

On March 3, 2015, the Defendant: (a) concluded a contract to lease 67 computers owned by the victim D for a period of 24 months; (b) on March 3, 2016, the Defendant embezzled the said computer number of 67 computers by disposing of the said computer number of 21 million won to a non-registered computer dealer at the early c police station on March 2016.

Summary of Evidence

The application of Acts and subordinate statutes to the defendant's legal statement E of the police statement statement statement statement, agreement on facility leasing, written estimate, or transfer security contract;

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

2. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Type 1 (40 million won or less) basic area (4 months or one year or four months) [Pronouncement Decision] The lease fee that the Defendant was unable to pay exceeds KRW 20 million.

However, the punishment shall be determined in consideration of the fact that the defendant reflects the mistake in the future, that there is no same record, that there is no criminal record exceeding the fine, and that the defendant's age, sexual conduct, environment, circumstances before and after the crime, etc.

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