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(영문) 수원지방법원 평택지원 2015.07.16 2015고단671
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2011, the Defendant: (a) leased the automobile parts manufacturing machine in an amount of KRW 1.5 million in total, the market value of the victim Samsung Card Co., Ltd., and kept for the victim, at the “C” factory operated by the Defendant in Pyeongtaek-si B on August 30, 201; (b) on February 2014, the Defendant was placed on the part of the creditors in non-name under the pretext of payment in kind.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of recommending sentencing guidelines of applicable O: Taking into account all circumstances, such as the fact that the person was owned by the defendant if he/she paid KRW 14.2 million as of the lease time of the lease, out of the lease fees of the basic area (not more than April 1, 190) type 1 (not more than 100 million) class

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