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(영문) 인천지방법원 2019.01.16 2018고단7757
횡령
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from November 27, 2013, kept 10 gold-type 10 of the market price at the request for the production and supply of the speed reductionerer from the (State) E operated by the victim D to (State) Dong-gu, Incheon, which was operated by the Defendant.

From around March 28, 2015, the Defendant requested the victim to return the above gold punishment verbally, and rejected the request from the victim for the return of the above gold punishment on several occasions on March 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. A complaint, tax invoice, settlement of accounts, and content certificate;

1. Application of Acts and subordinate statutes concerning the gold-type list in excess of the credit rating committee set forth in the Dispute Resolution Association;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant refused to return the gold sentence of this case on the ground of his claim for the payment of goods to F with F, a subcontractor, who is the subcontractor. The defendant recognized the crime of this case; the defendant has no record of criminal punishment other than the fine imposed on two occasions due to the crime of this case; the defendant's age, character, character, environment, motive and circumstance of the crime of this case, means and method of the crime of this case; and other conditions of sentencing as shown in the records of this case and the trial following the crime shall be determined by comprehensively taking account of the following factors.

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