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(영문) 의정부지방법원 2018.10.10 2018고단3581
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 16, 2016, the Defendant, at the victim B office located in Seo-gu Daejeon, Daejeon around February 16, 2016, would sell to C, the actual operator of the victim, upon purchasing the paper from the victim C, the Defendant would sell it.

was made.

Accordingly, on February 24, 2016, KRW 40 million around February 24, 2016, and the same year

3.2. Around the day of around 10 million won, and around 7th of the same month, remitted 20 million won to each two different species of paper corporation, purchased paper, and entrusted the Defendant with custody and sale.

While the Defendant was kept in the storage of the paper of the goods in the warehouse located in Yangju City as seen above from the injured party, the Defendant arbitrarily entered into a contract of approximately 82.7 tons among them on March 9, 2016, and about 33 million won in the market price, for the purpose of water repayment, and for the same year, the contract of transfer to E for the purpose of water repayment:

5.5. Around January 1, 2000, he actually transferred possession to E and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement protocol against C and E;

1. A copy of the business registration certificate, electronic tax invoice (B), or a copy of the transfer transaction certificate;

1. Photographs (the paper kept in F) and the application of Acts and subordinate statutes of a report on investigation (the calculation of the amount of damage);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following reasons for sentencing) is [the scope of recommendation] Article 62(1) of the Act on the Suspension of Execution (the circumstances favorable to the defendant among the reasons for sentencing) / [the scope of recommendation] Article 62(1) of the Act on the Suspension of Execution (the scope of one hundred million won or less / [10 million won] Article 1 of the Act on the Mitigation of Punishment (a person with a special mitigation / a person with a special mitigation / [the decision of sentence] Article 62(1) of the Act on the Suspension

However, the fact that the defendant recognizes his mistake and seriously reflects it, and that the victim agrees with the victim.

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