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(영문) 인천지방법원 부천지원 2015.10.29 2015고단2133
횡령
Text

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

The Defendant, while operating “C” around August 22, 2013, concluded a contract to lease KRW 35 million with the entire value of the accessories, such as the victim C&A, C&A, 250 tons Hyundai Sc&A, and low-speed pulverization equipment, to lease KRW 36 months, monthly rent of KRW 1,272,40,00, and embezzled by arbitrarily selling them to the seller of the machinery for the sake of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a facility lease contract, written estimate, or certificate of receipt of an article;

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

2. The reasons for sentencing under Article 62(1)(a) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1)(a) of the Criminal Act (the following favorable circumstances) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Punishment, Etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, Etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, Etc. (Article 62(1) of the Act on the Punishment, Etc.)

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