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(영문) 창원지방법원 마산지원 2017.03.07 2016고단1256
횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant: (a) concluded a lease agreement with the Defendant’s C office located in Changwon-si, Changwon-si, to pay rent of KRW 76,631,376 per month for 48 months from December 15, 2012; (b) purchased the said machinery from the injured party at the said C office and kept the said machinery for the victim at the expense of KRW 1,580; and (c) sold the said machinery at the expense of KRW 1,405,00,000, total cost of 1,596,487 for 48 months from December 15, 2012; and (d) sold the said machinery to the victim’s name at the said C office and the victim’s expense of KRW 1,505,00,000,000 for 30,000,000 for H on the said C’s name at the expense of 10,501.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints and investigative reports ( telephone conversations between complainants agents D);

1. Application of the statutes governing lease agreements;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to four months and up to one year and four months [the scope of the recommended punishment] and the basic area (up to one year and four months) (up to one hundred million won) of the category 1; and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Although criminal mediation has been established to pay 16 million won to the victim with the amount of damage, the defendant only paid 3 million won among the contents of the mediation until now, and the remainder has not been implemented.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment for the same crime and there is no record of being sentenced to imprisonment or heavier punishment.

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