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(영문) 인천지방법원 2016.01.13 2015고단4846
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Records] On June 21, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on the 29th of the same month.

[2] On March 8, 2012, the Defendant: (a) concluded a contract with the victim’s representative director at the F office operated by the Defendant in Nam-gu Incheon Metropolitan City, Seoul; (b) sold the 4th class of the e-mail period (280 tons, 220 tons, 120 tons, and 120 tons) to H for the 55 million won of the e-mail period; and (c) sold the e-mail period to the victim’s representative director; and (d) sold the e-mail period to the victim by June 7, 2012; and (d) embezzled the above 4th class of the e-mail period for the victim by selling the e-mail period to the e-mail from the e-mail place to the e-mail market around April 28, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A mechanical trade contract, a certified source verifying the storage of machinery, a mechanical usage fee contract, etc.;

1. Application of Acts and subordinate statutes to investigation reports (former and conclusive judgments, date of confirmation of judgments, details of acceptance, and attachment of date of release from prison);

1. Relevant Article 355 of the Criminal Act and Article 355 of the Criminal Act (1) and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 1 (4) (4) (4 months to 100 million won) does not exist [the decision of sentencing] [the decision of sentencing] the defendant recognizes and reflects in depth the crime, and the amount of damage was partially deposited, and the case at the same time the sentence became final and conclusive, and the two-year punishment was already imposed, and the judgment was rendered simultaneously, the worker's wages are not overdue, the worker's wages are transferred to the workplace with disabilities, and the defendant's age, sexual behavior, the process and motive leading to the crime of this case, the circumstances before and after the crime of this case, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case.

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