(영문) 인천지방법원 2017.05.17 2017고단402

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(영문) 인천지방법원 2017.05.17 2017고단402

횡령

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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

On June 20, 2014, the Defendant, as a person engaged in the manufacturing industry, entered into a lease agreement with two MYX650/500 of the machinery equivalent to KRW 115 million in the market value of the Defendant, 2,321,770 each month for 48 months, and received the ownership of the said machinery from the injured party during 48 months. Accordingly, the Defendant was in the position of the custodian of the said machinery for the victim until full payment of lease fees.

Nevertheless, on May 2016, the Defendant sold the above machinery to a person who has no name, via the Internet without the consent of the victim, and disposed of it at will.

As a result, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. The grounds for sentencing under Article 355(1) of the relevant Article of the Criminal Act (Selection of Imprisonment) [the scope of recommending punishment] Article 355(1) of the Criminal Act / [the scope of recommending punishment] Article 355(1) of the basic area (from April 1 to April 4) / [the decision of sentencing] / The sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined within the scope of recommending punishment as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record that the defendant has been punished for the same kind of crime.

The Defendant agreed with the Defendant’s acquisition of the Defendant’s claim against the Defendant, and the Defendant’s loan for asset management.

Unfavorable circumstances: The defendant has previously been sentenced to imprisonment without prison labor or heavier punishment.

참조조문

-형법 제355조 제1항

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