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(영문) 대전지방법원 천안지원 2014.12.05 2014고단1013
횡령
Text

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

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

Reasons

Criminal facts

The Defendant operated the “C”pcam in Asan City B.

On May 31, 2012, the Defendant paid 960,300, and 137,500,000 won for every 24 months from May 31, 2012 to May 31, 2012 to 30,000,000 won for the victim’s name and monitors equivalent to the market price of 25,410,000, and 2,838,000,000,000 won for each month’s rental fee, and paid 7,682,40,000,000 won for the full payment of rental fee, and entered into a siren contract with the said computer and monitor, and sold it from the said computer to 0,000,000 won for the victim’s trust on the same day, and sold it to the said computer and monitor on April 27, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes in each siren lease contract;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of a sentence] Embezzlement Embezzlement Embezzlement 100 million won or less [Determination of the recommended area] Basic Area: Imprisonment for 4 to 1 year and 4 months [In the event that it is not an occupational embezzlement, an aggravated element: Where it is an aggravated element: In the event that the crime of embezzlement is not an aggravated element [whether suspended execution is suspended or not] Major affirmative factors: Where the amount of substantial damage is relatively small: Where there is a relatively small amount of damage: A general affirmative reason that there is no effort to recover damage: A person who has no criminal record or more of suspended execution

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