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(영문) 부산지방법원 2015.06.24 2014고단7673
횡령
Text

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

Reasons

Punishment of the crime

(State) The defendant is a person who has served as a director of B.

피고인은 2013. 3. 27. 14:00경 경북 칠곡군 왜관읍 삼청리 80-2에 있는 피해자 (주)퀸스틸 사무실에서, 부산 C신축공사 현장에 사용하기 위해 (주)B을 대표하여 피해자 회사와 철강재임대계약을 체결하고 그 무렵 피해자 회사 소유의 H빔 150톤 상당을 교부받아 이를 위 신축공사 현장에서 사용하면서 피해자 회사를 위해 보관하게 되었다.

On June 2013, the Defendant, upon receiving a demand from the victim company to return the sn beamline immediately or pay the unpaid rent, agreed that the sn beamline owned by the victim company will not move the sn beamline to another place according to the steel re-lease agreement, but from July 24, 2013 to August 3, 2013, the Defendant leased the sn beam beamline equivalent to 49.5 tons owned by the victim to D and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Postal records concerning D;

1. Application of Acts and subordinate statutes to a steel re-lease agreement, written request, and written confirmation;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. The reason for the sentencing of selective punishment of imprisonment [the scope of recommending punishment] Embezzlement 1 (less than KRW 100,00) and the basic area (less than KRW 100,00) [the person who has been specially punished] (the decision of sentencing] / the amount of damage and only a part of the damage was recovered, etc.; however, the defendant appears to have an attitude to recognize and reflect the crime; the motive and background of the crime in this case; the amount of actual damage; the number of the crimes in this case; the same kind and fine exceeds the amount of fine; and the defendant has no record of the crime beyond the age, character and conduct, environment, means of the crime, and the circumstances after the crime, etc. shall be determined as per the order.

(No statutory detention shall be made, taking into account the fact that the damage is being recovered).

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