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(영문) 수원지방법원 안산지원 2017.06.28 2017고단208
횡령
Text

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

[criminal records] On February 4, 2016, the Defendant was sentenced to one year of suspended execution in six months of imprisonment for a crime of invalidation of an indication in the line of duty in the support of the Suwon Friwon, and the said judgment became final and conclusive on February 12, 2016.

[2] The Defendant: (a) around June 29, 2012, at C, located in Sti (State) C; (b) around September 29, 2012, the Defendant: (cS 30 tons of the Victim Samsung, 10 Category C, 30 tons of the machines owned by the Victim from the Victim Samsung, 10 tons of the machines owned by the Victim (CS 300 tons of the instant machines; (c) 1 unit of the CS 80 tons of the instant machines; (d) 1 unit of the Samsung CS 110 tons of the Samsung Press; (e) 700m/m/ 1m/ 400 meters of the DNA LCEVEN FEDDER, 400 m/m/m-one; (e) 1 unit of the Trans-Korean National Highway; (e) 1 unit of the CS 1 ton; (e) 3 unit of the machines sold to the Victim; and (e) received the sale to the Defendant.

Defendant around August 2012, in accordance with the aforementioned agreement, sold 30 tons of the above CSS 300 tons to E and received KRW 100 million from that time until July 25, 2015, the Defendant sold machinery Category 8 (CS 300 tons longer presses 1, CS 80 tons, CS 1, CS 80 tons Samsung presses, NCR 110 tons Samsung CSS 1, NCR 70m/mm2, 1m2, 1m2, 1m2, 1m2, 1m2, 1m2, 3m2, 3m2 and 160,000,000 won for consumption to the victim without taking account of the above agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of suspect interrogation of the accused to the prosecution (including statement of F);

1. Tax invoice;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (verification of a suspended sentence against a suspect);

1. Relevant Article 355 of the Criminal Act and Article 355 of the Criminal Act 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 suspension of execution (the confession and reflect of the defendant, and the victim)

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