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(영문) 대전지방법원 공주지원 2015.03.13 2014고단301
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

The Defendant leased and used temporary materials, such as water pumps, equivalent to KRW 1 billion from the victim's theory, at the construction site of the Fgymnasium E located in Suwon-si, Suwon-si, Suwon-si, from June 7, 2013, in the construction site of the Fgymnasium in Suwon-si, Suwon-si, the Defendant leased and used the temporary materials of construction from the victim's theory (ju).

On July 1, 2013, while the Defendant kept the temporary materials leased from the victim for the victim, he/she arbitrarily delivered the construction materials of 2,016,000 and 144 of the market value at the above site, such as 600 x 1200 loaks, as the repayment of debts to movable sirens, and embezzled them. From around that time to September 2013, the Defendant arbitrarily disposed of and embezzled the construction materials of 141,67,50 won in total of the market value at 14 times, such as the list of crimes, from that time to September 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning G and H;

1. Statement of the police officer to I;

1. Details of damage;

1. Details of removal, each material shipment certificate, each temporary re-lease contract, and current status of lease by each customer;

1. Application of Acts and subordinate statutes governing the release of DNA;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime of embezzlement of August 28, 2013, which is the bad punishment) of the aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the accused among the reasons for sentencing following the period of suspended sentence);

1. Application of sentencing standards [Scope of recommending punishment] Type 2 (at least KRW 100,00 but less than KRW 500,00): Imprisonment with prison labor for a mitigated area (at least four months to two years): 4 months or two years; and

2. Determination of sentence - 4 months of imprisonment, and 1 year of suspended execution, the Defendant has a record of criminal punishment of fines on several occasions due to the violation of the past Labor Standards Act.

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