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Reasons
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(영문) 대전지방법원 2015.09.23 2015고단125 (1)
횡령
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant’s “C” coffee specialty store operated by the Defendant on January 28, 2014, at around 2014, with the victim Filisung Capital Co., Ltd., Ltd., and the market price of KRW 25,000,000 in an amount of KRW 25,00,000 in the market price, 2 Gazers and gazers equivalent to the market price of KRW 7,60,00 in an amount of KRW 7,60,00 in an amount of KRW 7,60,000 in the market price, 2 gazers and gabbbbs, one garbr c conditioners in an amount of KRW 3,60,00 in the market price of KRW 3,00,00 in the market price of KRW 360,00 in the market price of KRW 60,00 in the aggregate, 300,000 in the market price of KRW 360,000 in the market price of each month.

3. Around 26.26. There was delivery from the above victim-owned goods.

In accordance with the above lease agreement, the Defendant only carried on the business of coffee specialty stores for the victim, and sold the goods owned by the victim to the victims, from August 2014 to September 201 of the same year.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A complaint;

1. Status of deposits by lease contract, certificate of acceptance, and contract;

1. Application of each statute on photographs;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Reasons for the sentencing of selective sentence of imprisonment [the range of recommending sentence] The reasons for the sentencing of selective sentence of imprisonment [the range of recommending sentence] No person who has no person [the person who has been specially punished] [the person who has been sentenced], circumstances favorable to the decision of sentence: confession, reflectivity, and the fact that there is no criminal record of the same kind: A reasonable amount of embezzlement; a considerable amount of embezzlement; a security deposit for lease contract deposit 13,00,000 won; and a special measure for the recovery of damage, except for the amount of 6,99,418 won deposited by the defendant until September 2014.

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