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(영문) 수원지방법원 평택지원 2019.09.19 2019고단325
횡령
Text

A defendant shall be punished by imprisonment with prison labor for four 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 November 28, 2016, the Defendant entered into a contract for the lease of temporary materials with the victim C at the D office represented by the victim C in the wife population B. Under this contract, the Defendant was supplied with temporary materials such as oil pumps at the construction site of the Defendant located in Seo-gu Incheon, Incheon on August 20, 2017 and kept for the victim. On March 2018, the Defendant refused to return the temporary materials at the construction site of another factory for the purpose of embezzlement, such as 22 poppy, 191, 230, 212, 16, 648, 48, 640, 640, 14, 15,830, 830, and 14, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each investigation report (including attached documents);

1. Application of Acts and subordinate statutes to a contract for temporary re-lease and detailed statement of loss and loss transactions;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The scope of recommendations based on sentencing guidelines for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is one month to ten months (in case of punishment). The amount of damage is not very large, the defendant agreed with the victim, the defendant's same kind of crime and the records of the crime are taken into account.

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