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(영문) 수원지방법원 2016.06.02 2016고단566
횡령
Text

A defendant shall be punished by imprisonment for six 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

On February 24, 2014, the Defendant, at the “C” plant operated by the Defendant, which is located in C, in Ssung City B, had the victim-free Capital Co., Ltd. keep one deposit in the said plant by leasing from the Plaintiff-free Capital Co., Ltd. one modern stamp center equivalent to KRW 25 million at the market price and 27 million at the modern stamping center equivalent to KRW 27 million at the market price, KRW 22.5 million, KRW 1,684,160 each month of lease, and KRW 36 months at the lease period.

1. Around January 2015, the Defendant: (a) sold two modern stamping centers equivalent to KRW 52 million in total at the victim’s market price stored in the above plant at the above plant at the end of the end of January 2015; (b) sold KRW 24 million to the Hyundai Infrastructure Co., Ltd.; and (c) embezzled it.

2. On August 5, 2015, the Defendant: (a) received a notification of the termination of the lease agreement on the grounds that the damaged person was unpaid from the above plant; (b) and (c) received a request for return of the amount equivalent to KRW 23 million at the market price kept as above, and embezzled the same by refusing to return the said amount, even if the Defendant was requested to return the said amount to the New Ethnty Ethy Ethy Ethy Ethy Ethy Ethy E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning a lease agreement;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the same Act provides that the defendant recognized his mistake and reflects his mistake, the amount of 15 minutes out of the lease fee 36 minutes out of the damage amount caused by the instant crime was appropriated by the lease deposit, and the defendant additionally deposited 15 million won for the victim, and the defendant has no criminal record exceeding the same criminal record and fine until before the instant crime was committed)

1. Type 1 (the scope of recommended punishment) of Article 62-2 of the Criminal Act of the community service order shall be the scope of punishment [the scope of recommended punishment].

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