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(영문) 청주지방법원 2019.09.26 2019고단1212
횡령
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

It is recognized as different from the facts charged to the extent that it is deemed that there is no hindrance to the defendant's defense.

[2019 Highest 1212] The Defendant entered into a contract with C on September 5, 2018, under the name of the Defendant’s father B, to take over the status under a lease agreement entered into by C on May 5, 2017 with the victim D Limited Liability Company. From that time, the Defendant arbitrarily disposed of the aforementioned goods, such as “Eice 80 G2,” which was owned by the said victim, 84 computer main body of the Cheongju City, Wu 800 G2, Wu 86, Q120, Q 86, Rox G102, 86, Samsung CSB-290, Samsung C-150, Samsung C-150, 86, Samsung Electronic Co., Ltd., Ltd., 80, 150, 86, Samsung Electronic Co., Ltd., Ltd., and 231, 251, 30, 196, 325, 30, 1,2, 35, etc.

[2019 Highest 1366] Around March 2018, the Defendant leased and used the air conditioners equivalent to KRW 775,000 at the market price from the victim’s consent to the supply of beverages and food to the PC room in the FPC room located in the PPC room in substantial E 2nd floor in Cheongju-si, Cheongju-si, and the Defendant leased and used the air conditioners equivalent to KRW 775,00 at the market price from the victim’s consent.

Around September 2018, the Defendant, as seen above, embezzled the Defendant’s debt reimbursement of the said cooling Flusium to a third party on his/her own, while keeping the flusium owned by the victim.

Summary of Evidence

[2019 Highest 1212]

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Transfer acquisition contract and basic contract [2019Sang 1366];

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to the details of orders;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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