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(영문) 대전지방법원 2015.10.28 2015고단3139
횡령
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant was sentenced to four months of imprisonment for embezzlement in the Daejeon District Court Branch of the Daejeon District Court, and appealed to the Daejeon District Court on October 14, 2015, which became final and conclusive as withdrawal of appeal.

1. On December 26, 2012, the Defendant leased 71,500,000 won at the market price from the second Capital Co., Ltd., the Defendant leased 36 months Lynx-2201 to the 36-month number, and around January 28, 2013, leased 63,90,000 won at the market price from the same victim to 36 months, and kept the said goods for the victim. From July 2014 to August 2014, the Defendant sold 54,00,000 won at the Qu factory located in P in Chungcheongnam-si, Chungcheongnam-si, ASEAN and consumed the said goods at its discretion.

Accordingly, the defendant embezzled the victim's property amounting to 135 million won in total of the market price.

2. On February 24, 2014, the Defendant leased 100 million won of the machine learning center MYNX-7500, the market price of which is equivalent to 100 million won, from the Korean Capital Capital Capital Co., Ltd., to 48 months. On March 24, 2014, the Defendant leased the same victim with 36 months lease of 19.5 million won from the same victim to 36 months of the market price, and used the said goods for the victim. On September 24, 2014, the Defendant sold the said goods at his/her discretion after receiving 54 million won from the person who was unaware of his/her name in a factory in Qu P in Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant embezzled the victim's property amounting to 19.5 million won in total of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect to J;

1. Statement of the police statement of R and S;

1. Data related to lease, including each lease agreement;

1. Application of statutes concerning criminal records;

1. Relevant Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders shall be reflected and decided.

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