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(영문) 수원지방법원 안산지원 2015.01.28 2014고단2564
횡령
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Criminal facts

around September 2013, the Defendant leased 5 set of five set of five set of money from the Victim Dug Capital Capital Co., Ltd. to the victim’s pre-owned 300,000,000 won, and the lease period of 36 months from the “C” in the operation of the Defendant in Nam-gu, Incheon.

6. Around September 28, 201, at the above location, the victim company leased one machine of the machine mining center owned by the victim company to KRW 102,025,00,000, and the lease period of KRW 36 months, and each of them was embezzled by selling the aforementioned machine dealer’s machine machine at the above location as well as KRW 90,000,00, in total, at around September 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A complaint;

1. Application of the lease contract, repayment statement, lease contract, estimate, deposit details, information on bonds, highest copy of register of a corporation, and Acts and subordinate statutes;

1. In light of the relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act of the choice of punishment, the choice of imprisonment (the actual amount of damage to the goods embezzled by the defendant exceeds KRW 100 million, and the actual amount of damage to the victim still has not yet been recovered from damage, etc., the sentence of sentence on the defendant is inevitable: Provided, That it is so decided as per Disposition by taking into account all the sentencing conditions in the public trial of this case, such as the confession and reflection of the defendant, and the fact that the defendant has no penalty power exceeding the fine, etc., the sentence shall be determined as per Disposition, and the defendant shall not be detained in the court for the recovery of damage to the victim

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