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(영문) 대구지방법원 경주지원 2018.04.26 2017고단818
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 1, 2014, the Defendant: (a) leased the victim C’s “D cckerb” of the victim C’s operation in the racing-si; (b) leased the monthly rent of one million won and one million won; and (c) changed the trade name to “Eckb”.

On June 20, 2015, the Defendant sold a total of KRW 16,320,000 per computer and monitor market value ( KRW 250,000 per one computer, monitor KRW 90,000 per 1 unit, monitor) to a person without a name on June 20, 2015, while managing a computer of a skin for a victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the excessive and long-term price list;

1. The relevant statutory provisions of the criminal facts and Article 355(1) of the choice of the punishment (Embezzlement) of the punishment, the grounds for sentencing of the punishment [the scope of the punishment recommended] [the grounds for sentencing of the punishment] [the grounds for sentencing of the punishment] [no person subject to special sentencing] [the judgment of the sentence]] unfavorable: (a) the defendant has embezzled by transferring the body of the computer, monitors, etc. in his custody for the victim to another person; (b) the crime is not good; (c) the damage amount is larger than KRW 1,632,00; (d) the damage amount is more favorable to the fact that it is not agreed with the victim; (e) the fact that there is no record of punishment for the same kind of crime; (e) the fact that there is no record of punishment for the same crime; and (e) the fact that there is no record of records and changes in the records of the crime and the circumstances after the crime.

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