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(영문) 청주지방법원 제천지원 2014.06.12 2014고단11
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, from March 2010 to October 2012, 201, operated C, a company leasing heavy equipment, which is a company leasing heavy equipment, from March 2, 2010 to October 201, and the victim D, which was operated by the Defendant, enters the said company with one of the Ek high-speed heavy equipment, and entrusted the lease thereof.

From March 12, 2010 to November 30 of the same year, the Defendant had 30 construction sites, such as F new construction sites, leased the above heavy equipment and had them work, and had them paid 5,595,000 won from construction companies and stored for the victim, paid only KRW 42,587,00 out of the above rent for the above rent to the victim and embezzled the remainder KRW 13,000 for the personal use of the Defendant’s crails, etc. during the above period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the current status of work, details of work, current status of work prices, detailed statement of transactions, copy of a contract for leasing equipment, copy of a tax invoice, details of sales status of the equipment, details of deposit money, details of the victim's construction expenses, details of deposit

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 (including the fact that there is no past record of the punishment of the same kind and that there is no past record of the punishment of the suspension of qualification or heavier

1. Social service order under Article 62-2 of the Criminal Act;

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