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(영문) 대전지방법원 천안지원 2013.08.08 2013고단302
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2010, the Defendant entered into a lease contract with the content that, from October 27, 2010 to 36 months, the lease fee of KRW 3,936,270 shall be paid monthly, with the amount equivalent to KRW 150,000,000 at the E office operated by the Defendant, which was located in Asan City D, for the victim 20,000,000, such as 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,000,000,000 won, for each of the above types of machinery owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement related H;

1. Application of the Acts and subordinate statutes concerning lease contract, copy of the contract for the contract, copy of the written order, written estimate, copy of the deposit details, detailed inquiry into arrears, and information on bonds;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering that there are grounds for considering the circumstances leading to the commission of the crime, such as the confession of the crime, the considerable portion of the total lease fee, etc. has been paid);

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