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(영문) 창원지방법원 2017.04.13 2016고단1949
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the construction business and the construction business of safety facilities under the trade name of Kimhae-si C 504.

Around March 21, 2014, the Defendant entered into a lease agreement with the victim E to pay the prescribed rent from G located in Kimhae-si, operated by the victim E to the completion of construction, and to rent the temporary materials owned by the victim. Under the above lease agreement, the Defendant did not pay rent corresponding to KRW 25,755,000 for the leased temporary materials stored for the victim and then embezzled them by refusing to return the said temporary materials without justifiable grounds even though the Defendant requested the return of the said temporary materials from the victim on February 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of the statutes governing the lease agreement for temporary re-lease;

1. The rationale for sentencing under Article 355(1) of the Criminal Act (Selection of Imprisonment) regarding criminal facts and Article 355(1) of the Criminal Act regarding the selection of punishment is favorable for the defendant to recognize and reflect the instant crime.

However, the fact that the amount of damage caused by the instant crime is not so much and has not been recovered, and the sentencing conditions, such as the background of the instant crime, the age of the accused, sexual conduct, environment, etc., shall be taken into account, and the punishment as ordered.

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