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(영문) 광주지방법원 해남지원 2020.07.23 2020고단27
횡령
Text

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 October 14, 2012, the Defendant: (a) purchased equipment and materials for the facilities of the former brine from the Victim B Co., Ltd. (hereinafter “victim”) for KRW 29.62,00,000; (b) provided the damaged company with the 128 mix 128 mix and the 165,000 mix 165,000 mix in the facilities of the preceding brine C and the above brine as a security for transfer; (c) agreed that the said subject matter of transfer belongs to the victimized company and the Defendant occupied it by the method of occupancy revision.

Nevertheless, while the Defendant kept the said subject matter for a victimized company on March 2013, he/she embezzled 165,000 won of the previous subject matter of transfer without the consent of the victimized company by arbitrarily disposing of it to D for KRW 7.5 million, and embezzled 64 K in the 128 K in the 128 K in the 128 K in the 128 K in the 128 K in the 128 K in the 128 K in the 64 K in the 64 K in the 64 K in the 8,000 won in the 64 K in the 9.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The police suspect interrogation protocol of H;

1. A copy of notarial deed, or a copy of impossible protocol for execution of seizure of corporeal movables;

1. Investigation report (verification of the fact that part of the facilities in the uniform form is sold), a written statement;

1. Application of Acts and subordinate statutes to investigation reports (pre-entry in the A Form, confirmation of sale in the year 2013);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: Imprisonment with prison labor for four months, and one year of suspended execution, the defendant shall be subject to security for transfer without paying his/her obligation to the victim.

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