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(영문) 인천지방법원 2016.02.03 2015고단7618
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 26, 2015, the Defendant entered into a siren agreement with the victim Symland Co., Ltd., Ltd. (hereinafter “C”) around 1203, the Defendant: (a) called on June 26, 2015, paid 119,50 won monthly rent between 39 months and 4,660,50 won at its location; and (b) on June 30, 2015, the Defendant was installed a person who was in the massage at the same time at the morning.

On June 30, 2015, the Defendant: (a) posted a notice on the Internet Rabber on June 30, 2015, stating that he sold the said Ma to three million won on the website of the country; (b) on July 2015, the Defendant reported the above Mab on the Defendant’s home at the Defendant’s home and sold the said Mab on three million won to the needy person.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of statutes on a certificate of installation;

1. Where the reason for sentencing (the scope of recommending punishment) of Article 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the Selection of Punishment Act [the scope of recommending punishment] [the grounds for sentencing (one hundred million won to one hundred million won)] [the person who has been specially mitigated] of mitigation area (one month to ten months] of punishment or significant damage has been restored [the decision of sentencing] of the defendant [the defendant] of imprisonment with prison labor for six months at the Gwangju District Court on March 19, 2015 and was sentenced for three years of suspension of execution, etc. at the Gwangju District Court on March 27, 2015 and without being aware of the fact that the above judgment became final and conclusive as of March 27, 2015 and commits the instant

On the other hand, on January 5, 2016, the amount of damage is relatively small, and the defendant agreed with the victim on January 5, 2016, the defendant needs to be treated as suffering from liver cancer at present, and the defendant's age, sex, environment, etc. shall be determined by taking into account the sentencing conditions under Article 51 of the Criminal Act.

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