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(영문) 수원지방법원 안산지원 2020.02.05 2019고단3533
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. in Ansan-si.

On February 2, 2018, the Defendant entered into a contract with the victim D Co., Ltd. to lease at KRW 3,388,917 a monthly lease fee of KRW 158,40,000 (the model name "SIUS-UL PLUS," and the Servoon "E"), and according to the above lease contract, the Defendant was prevented from infringing the rights of the victim Co., Ltd. by providing a third party with the above machine learning center.

Nevertheless, while the defendant kept the aforesaid machine learning center for a victim company, he/she provided F and G on October 30, 2018 with each of them as security under the Factory and Mining Foundation Mortgage Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to full certificates of application for goods, contracts, contracts for transfer for security, certificates of acceptance of goods, and registration;

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

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

1. Taking into account all the circumstances, such as the scale of embezzlement of reasons for sentencing under Article 62 (1) of the Criminal Act, the amount of damage suffered by the defendant in full and the consent that the victim does not want the punishment of the defendant and the fact that the victim has no record

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