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(영문) 의정부지방법원 2017.08.02 2017고단1897
횡령
Text

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

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

Reasons

Punishment of the crime

On November 2013, the Defendant would make a multiple plate when providing the Defendant with raw materials on board and paying clinical processing expenses to the Victim E at the D office of Dongducheon-si and Defendant Management Co., Ltd.

After entering into a contract, “......” After having sold a multiple plate of 197,235km from around November 2013 to March 2014 (a total of 152,112,400 won of the market price) to be supplied with raw materials for a multiple board and processed them for the victim, the Defendant refused to return the said KRW 9,60,000 from around March 31, 2015 to F, as stated in the attached list of crimes, by arbitrarily selling the multiple board of 6,240km, which is kept at will from the above office and then selling it to F, as well as using the said KRW 9,60,00 for the Defendant’s operating fund.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the defendant in E in the second-time suspect examination protocol against the defendant;

1. Statement in the police statement protocol with respect to E;

1. Application of the Acts and subordinate statutes respectively to the letter of purchase and sales, the letter of purchase, the ledger of customers, and all certificates registered;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment ( comprehensively referred to as imprisonment with prison labor);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] The basic area of sentencing of five years or less [the scope of applicable sentences under the law] [the scope of recommended sentences] among the groups of embezzlement and breach of trust crimes (based on the sum of profits] (based on the sum of the amount of profit] [the scope of recommended sentences]: From April to April, 1 year and April [the general sentencing person] mitigated elements: In cases of embezzlement and breach of trust, if the crime is not an occupational embezzlement and breach of trust: In the case of embezzlement [the sentence], the element of aggravated punishment: (a) the defendant has been led to the entire confession of the crime by the defendant for two years of suspended sentence in October [the sentence]; (b) the same criminal record or suspended sentence has no criminal record; and (c) the amount of raw material purchase

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