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(영문) 수원지방법원 2014.05.12 2014고단1680
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 4, 2012, the Defendant: (a) provided that B, the representative director of a semiconductor equipment company, will pay KRW 2 million per month in the Gyeonggi-si District of Gyeonggi-do; and (b) provided the said car as collateral and embezzled by providing the said car to the Defendant, while entering and leaving D E, a business employee of the victimized Company, for the purpose of business, in the amount equivalent to KRW 60 million at the siren market price of KRW 60,000,000,000,000,0000,000,000,000,000,000,000,000,000,000

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Copy of corporate register;

1. Vehicle registration certificate;

1. A vehicle transfer certificate;

1. Application of the Acts and subordinate statutes governing the second and second taxes;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of punishment] Embezzlement Embezzlement Embezzlement 1 (100 million won or less) [the decision of the recommended area] mitigated area / [the scope of recommendation area] 1 month or 10 months from 10 months to 10 months [the scope of recommendation area] / where it is not possible for a victim to consume most of criminal proceeds but to retain them, / where it is not occupational embezzlement or breach of trust / applicable provisions / [the scope of punishment] applicable provisions of Article 355 (1) of the Criminal Act : The scope of statutory aggravated and mitigated punishment: 1 month or 5 years from : 1 month to 5 years [the scope of statutory aggravated punishment]; where major reasons for sentencing are recovered from positive damage: Where most of criminal proceeds have not been consumed, and where the victim fails to retain them, he/she has made efforts to recover part of his/her punishment from 1 month to 6 months from 30 months from 30 months from 40 months from ].5 months from .

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