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Reasons
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(영문) 수원지방법원 안산지원 2015.11.04 2015고단1025
횡령
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 201, the Defendant was requested to keep the amount of KRW 6,1020,000 (unit price of KRW 35,000 x 772) totaling 27,020,000 (unit price of KRW 35,000 x 772) from the victim E Co., Ltd. in a factory for D management located below the unit district of Ansan-si, Ansan-si x 680 x 34,000,000 (unit price of KRW 50,000 x 680 x 680) due to electric distress equivalent to the amount of KRW 1,452.

The defendant was kept in a factory located in F in e.g., the electricity disaster that he was requested to keep for the victim, and sold it to New C&M Co., Ltd. at his own discretion on November 201.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on complaint, details of trading, and transport details;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] under the sentence of Article 62(1) of the Criminal Act [the grounds for sentencing as set forth below] general fraud [the scope of recommending punishment] in the mitigated area (one month to one year), [the person subject to special mitigation] or in a case where considerable damage has been recovered [the decision of sentencing] four months of imprisonment, suspension of execution one year (the defendant reflects the defendant, is not wanting to be punished for the defendant by agreement with the victim, and the defendant does not have any record of punishment for the same kind of crime, and the defendant has no record of punishment for the same kind of crime as set forth in the records of this case shall be

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