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(영문) 의정부지방법원 2017.05.18 2016고합314
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 9, 2012, the Defendant entered into a sales consignment contract with the victim on March 9, 2012, between the victim D's house located in Seocheon-gu Seoul Special Metropolitan City and the victim and the victim, one E-do own of the market price, one F-do own of the market price, one G-do own of the market price, and one U.S. H. of the market price on behalf of the defendant. However, if the sale was not made by April 10, 2012, the Defendant entered into a sales consignment contract with the victim that the victim would return to the victim, and had the victim receive three points of the above map and one bottle from the victim.

On March 2012, the Defendant, at the (ju) J Office located in Yeongdeungpo-gu Seoul Metropolitan Government, distributed one of the above G G himself to K, and made K lend money as security, thereby arbitrarily disposing of it for the purpose of investment funds to K, and embezzled one of the non-indicted 1 points in the market value owned by the victim.

On April 10, 2012, from around November 18, 2015 to around November 18, 2015, the Defendant continued to have refused to return the said E’s own 1, F’s own 1, and H1 without justifiable grounds, and embezzled two U.S. 2 and 1 S. 3 of the market price, which is the victim’s ownership.

Summary of Evidence

1. Statement of the defendant in the sixth public trial records;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to each certificate of cash custody, letter of demand for the return of goods kept in custody, demand for the return of goods kept in custody and the implementation of commitments, verification of details, request for payment order, and statement of transactions;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment ( comprehensively referred to as imprisonment with prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Application of the sentencing guidelines [Scope of the recommended punishment] Type 1 (less than KRW 100 million) (one month to ten months) (special mitigation factors) is not subject to punishment.

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