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(영문) 청주지방법원 2016.09.20 2016고단650
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 12, 2013, the Defendant leased 2 set of 2 set of 3,637,000 won (the model name: E-CUBE 9, E-CUBE 15) from around April 12, 2013 to April 11, 2016, on the condition that “the payment of KRW 3,637,00,00 for the 25th of each month of April, 36 months is made to the injured party in the Cheongju-gu C C C C C C, and the hospital.”

While the Defendant kept an early-wave diagnostic instrument on behalf of the victim, on April 2014, the Defendant embezzled the said early-wave diagnostic instrument by arbitrarily disposing of the said early-wave diagnostic instrument to use the purchase price for the hospital operating expenses, as the economic condition of the hospital was not good, and thus, embezzled to the middle-wave diagnostic instrument to use it for the hospital operating expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Lease contract, sales contract, and receipt of an article;

1. Application of Acts and subordinate statutes to a lease claim, the current status of payment on deposit, the head of a peremptory notice for payment on overdue debts, or an impossible protocol of provisional disposition on

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the sentencing period under Article 62-2 of the Criminal Code of the community service order is against the time of committing the crime for the reason of sentencing, the closure of hospital due to serious operational difficulties, the fact that there is no previous conviction in excess of the same kind and fine, the defendant has paid rent normally for a considerable period of time, the defendant's liability against the victim following the termination of the lease contract exceeds 50 million won, and the defendant has not changed it. In addition, the sentencing conditions specified in the arguments, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as the sentence as ordered.

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