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(영문) 광주지방법원 2019.08.22 2019고단2168
횡령
Text

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

Reasons

Punishment of the crime

On October 27, 2017, the Defendant entered into a lease agreement with the victim O Co., Ltd. and the WS80A (2016), WS80A (2017), and HS 60EX (250,000,000) on three market values of HS 60EX (2017), and sold the 60EX (2017,000) to the members of P and members of the Council on November 10, 2017, around 2017.

Accordingly, the suspect embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Documents, contract documents, statement of financial lease contract, certificate of receipt of goods, and sales contract with a suspect and D;

1. Application of Acts and subordinate statutes to a criminal investigation report (in connection with a ultra-wave diagnostic instrument, telephone conversations with a witness for reference), investigation report ( telephone conversations with S in connection with a ultra-wave diagnostic instrument), investigation report (Embezzlement of some devices and temporary specification of crimes);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. From among concurrent crimes, the sentence is imposed in accordance with the order, taking into account the following facts: (a) there is no other penalty force except for those sentenced once due to drunk driving; (b) there is no private usage of the proceeds of the disposition; (c) there is a favorable circumstance; (d) the fact that the offender committed the instant crime within a short period after leasing an early-wave diagnostic machine from the victim; and (e) the amount of damage was not paid a substantial damage to the name of approximately KRW 78,00,000,000 as of the remaining lease amount; and (d) there is no statutory restraint to give the defendant an opportunity to recover and agree on the damage.

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