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(영문) 수원지방법원 2014.04.17 2013고단5980
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

The Defendant entered into a lease agreement with the victim Korea Capital Co., Ltd. on June 6, 2011 on the condition that deposit 5,900,000, monthly rent of KRW 1,083,875, which is equivalent to KRW 27,720,00,00 of KRW 29,50,000 and KRW 1,083,620, and received delivery from the victim on the condition that the lease agreement was made between the victim Korea Capital Co., Ltd., Ltd., in the manufacturing industry of nitrogen oxides in Ansan-gu, Ansan-si.

On January 10, 2013, the Defendant, while keeping each of the above machinery owned by the victim on behalf of the victim at the office D office of the said D Co., Ltd., closed down the said company, and embezzled the above company by disposing of the above CJ-460-150 of the rent of KRW 13,50,758, which was unpaid for the rent of KRW 8,572,415, which was the sum of the above CM-1300, which was unpaid, as well as the above CM-13,50,758, which was unpaid, as retirement allowances and delinquent benefits.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to lease agreements and lease agreements;

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 (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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