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(영문) 대전지방법원 2014.03.07 2013고단2187
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 25, 2012, the Defendant leased from the victim’s office “E” office located in Daejeon-gu Daejeon-gu Daejeon-gu Seoul to January 31, 2013 the temporary property, such as water pumps (totaling KRW 72,500,00,000) from the victim for rent of KRW 1,375,00.

On January 31, 2013, the Defendant embezzled the temporary materials leased to the victim on the condition that the lease contract term has expired, but at around March 2013, the Defendant, while keeping them for the victim, embezzled them by arbitrarily selling them to the victims of the name in the warehouse of Daejeon Dong-gu, Daejeon.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Article 355(1) of the Criminal Act applicable to the criminal facts of the protocol of statement by the police in relation to D and the choice of a sentence: Reasons for sentencing [the scope of recommending punishment] under Article 355(1) of the Criminal Act [the scope of recommending punishment] The group of embezzlement and breach of trust, type 1, basic area, period of four months to one year and April 4 months [whether or not a suspension of execution of sentence is suspended]: The main reasons for writing (illegal reasons): On two or more occasions, the general reference of the agreement was not suspended, the lack of social ties, and no effort to recover from damage has been made (the decision of sentencing] twice a sentence of imprisonment with prison labor for ten months (Fraud), the crime of neglect of law was committed without paying a portion equivalent to six-time rents of the fines of this Chapter, and the crime of neglect of law

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