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(영문) 대구지방법원 안동지원 2014.10.24 2014고단520
횡령
Text

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

Reasons

Punishment of the crime

Around May 201, the Defendant, as a business operator of C in permanent residence C, entered into a contract on consignment with the victim, who was supplied with the victim D with the original unit and produced the original unit as ordered by the victim, and shall pay 130 won per original unit per 1.3 million won per original unit. Pursuant to the above original unit consignment contract, the Defendant processed and stored the first month unit of approximately 1.66 million won per the market price of the victim's original company in accordance with the above original unit consignment agreement.

On October 2012, the Defendant, while keeping the above original body for the victim, sold 40,000 won of the said original body to the Textiles E at his office at his own discretion, and embezzled the said original body.

In addition, the Defendant, from around that time to August 2013, sold and embezzled the above original group of KRW 160,000 in a total of four times from the above C office through the same method as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports;

1. In light of the relevant legal provisions on criminal facts and Article 355(1) of the Criminal Act’s reasons for sentencing [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] [the person who is a special person] in the basic area (from April 1 to April 4] [the decision of sentencing] [the decision of sentencing] the amount of damage is reasonable, the nature of the crime is poor, and the damage recovery is not properly performed, even if the defendant appears to recognize his mistake and reflect his attitude, the sentence against the defendant is inevitable, and the sentence is imposed in consideration of all other circumstances as stipulated in Article 51 of the Criminal Act.

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