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(영문) 창원지방법원 진주지원 2016.08.09 2015고단256
횡령
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around April 18, 2014, the Defendant: (a) operated D, a shipbuilding company of fishery products in Scheon-si; (b) sold 160,000 won from F around August 29, 2014 to Oct. 10, 2014; (c) sold 160,000 won from F to F; (d) sold 25,000 won from F; and (e) sold 160,000 won from F to F; (e) sold 160,000 won in total to F; and (e) sold 16,000 won in total to F; and (e) sold 16,000 won in total to F; and (e) disposed of 10,000 won in total by calculating the market price of 10,027,000 won per 10,400 won in total from around September 30, 2014 to October 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Character messages;

1. Application of Acts and subordinate statutes to each investigation report (ex-factory books, tax invoices, and transaction details);

1. Article 355 (1) of the Criminal Act applicable to the facts constituting the crime, and imprisonment;

1. Suspension of execution of sentence of Article 62(1)(4,00,000 won is paid and deposited to deposit KRW 10,000,000, taking into account various circumstances that form conditions for sentencing indicated in the records, such as the Defendant’s age, sex, sex, environment, family relationship, motive for the crime, means and consequence of the crime, circumstances after the crime, relationship with the victim, etc.

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