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(영문) 서울북부지방법원 2014.06.13 2014고단664
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who has operated a cream bank with the trade name "C" from the second floor of Dobong-gu Seoul Metropolitan Government.

On May 11, 2012, the Defendant entered into a lease agreement with the victim filial Capital Co., Ltd. and the prefabricated Computer 35 units each month with the lease fee of 1,131,738 won and the lease period of 30 months, and received the said prefabricated Computer 35 units.

On June 1, 2013, while the Defendant kept the above assembly computer for the victim company, the Defendant closed the above assembly computer and embezzled 35 units of the above assembly computer owned by the victim without paying the remaining lease fee of KRW 18,107,808.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a lease contract;

1. The punishment of imprisonment with prison labor for the accused is inevitable in light of the following: (a) the reason for sentencing under Article 355(1) of the relevant Article of the Criminal Act regarding the criminal facts: (b) although the accused commits the instant crime; (c) the circumstance and degree of damage; and (d) the victim’s damage was not completely recovered, etc.

It is so decided as per Disposition for the above reasons.

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