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(영문) 수원지방법원 안산지원 2017.10.13 2017고단1872
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the furniture manufacturing business under the trade name of "C" in Silung City B.

On June 20, 2013, the Defendant: (a) concluded a lease agreement on June 20, 2013, under which the Defendant paid the monthly rent of KRW 2,949,393 for 36 months from the Plaintiff’s filial capital Co., Ltd., Ltd., 130 million; (b) sold the said string machine to the Defendant, who was on the name of the first police officer, with the purchase of the said string machine in KRW 25 million, while the ownership of the string machine was in the victim company, and the Defendant, the lessee, has only the right to occupy and use the string machine.

Accordingly, the Defendant embezzled another’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Detailed statement on the termination bond, current status of deposits by contract, and application of the lease agreement statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the recognition of facts charged, the agreement with the victim, and the fact that there is no record of the same kind of punishment).

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