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(영문) 인천지방법원 부천지원 2019.01.18 2018고단1834
횡령
Text

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

Reasons

Punishment of the crime

The Defendant is a person who has operated a parts of electronic equipment with the trade name “C” in Ora-gu, Ora-si B.

On August 31, 2011, the Defendant entered into a lease agreement with the victim D Co., Ltd. and the lessee’s lease amounting to KRW 165,80,00 (including deposit amount of KRW 33,800,00) for the period of 40 months ( KRW 1:4: 1,055,600, KRW 5-40: KRW 4,329,800).

The Defendant: (a) kept the instant machinery in the instant factory C; (b) entered into a lease agreement with G that operates the E-si E-si around October 201 and the amount equivalent to the lease price of the instant machinery as a rent; and (c) delivered the instant machinery to the said F-factory.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes to accusation, facility leasing contracts, reports on the inspection of leased articles, and on-site photographs;

1. In light of the relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence [the scope of recommendation] [the grounds for sentencing of imprisonment] 1 (100 million won] basic area (4 to 1 year and 4 months] (no person in special form] / [decision of sentence] the value of the machinery of this case that the defendant disposed of at will is significant, and the fact that the defendant did not agree with the victim so far, it is reasonable

However, the defendant is against himself, the first offender, the partial lease amount was paid, and the deposit was appropriated to the amount of damage of the victim, the motive and circumstances of the crime in this case, the degree of profit actually acquired by the defendant, circumstances after the crime, the age of the defendant, character and conduct, family relationship, economic circumstances, etc. shall be determined as ordered by the court, comprehensively taking into account various factors of sentencing as shown in the trial.

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