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(영문) 수원지방법원 2018.07.12 2017고단5782
횡령
Text

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

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd., which is located in B when he is commercialized.

around October 15, 2015, the Defendant concluded a lease agreement with the victim D non- Capital Co., Ltd. at the office of the said Co., Ltd. and five machine learning center machinery amounting to KRW 142,321,927 at the market price [Manufacture: two production companies: MYX6500 2, DNM503, manufacturing number (S/N): MY6503: MY0340, MV00342, MV00-00-0942, MV010-01795, MV010-01795, MV010-01796] from the above Co., Ltd. to the above Co., Ltd., Ltd., and received the lease agreement from the above Co., Ltd. to the above 142,3215 to the above 25th 261,246,2546,261 of the Plaintiff’s name and the above 5th 37.461,465 times each month.

Summary of Evidence

1. A protocol concerning the prosecution of the accused and the interrogation of the suspect by the police;

1. Statement made by the police against D;

1. A petition filed by the director general of the credit rating company;

1. A copy of the lease agreement, a copy of each written estimate, a copy of each transaction agreement, a copy of each contract, a copy of the lease agreement clause, a copy of the underwriting guarantee clause, a copy of the underwriting certificate, a copy of the underwriting certificate, a tallying report, a written estimate, the machinery of the machine mining center, photographs of each leased object inspection report, the whole certificate of the matters registered in the dispute settlement agreement, a redemption order, a notice of scheduled termination of the contract, and the application of Acts and subordinate statutes

1. Where the risk of occurrence of damage has not been substantially realized in the mitigated area (six months to two years), the applicable legal provisions on criminal facts, Article 355(1) of the Criminal Act on the choice of punishment, the reasons for sentencing of imprisonment [the scope of recommended punishment] Type 2 (6 months to less than 500 million won) in the mitigated area (6 months to 2 years), and the risk of occurrence of damage (where the risk of occurrence of damage is confirmed to be a practical damage only less than 1/3 of the amount of damage) and the scope of comparative sentencing between the applicable sentences and the recommended sentences: Six months to two years (decision of sentence] against the defendant; there is no restoration of normal damage to the defendant.

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