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(영문) 창원지방법원마산지원 2020.08.11 2020고단275
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 August 8, 2017, the Defendant proposed that “The name of F, the owner of the two for whom he leased to E, want to sell the two for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for whom he for it was made was granted, shall be paid rent by leasing the two for whom he for whom he has for whom he for whom he for whom he for whom he for whom he for whom he for whom he for it was made.” By September 10, 2018, the Defendant agreed that the victim for whom he was a joint and several surety.

Since around that time, while the Defendant leased two above for the above for the E company located in Seongdong-gu, Sungwon-si, Sungwon-si, and managed the above two above for the E company, the Defendant was able to dispose of the same kind of debt to F with the same obligation as the victim could not repay the above debt to F, and requested the J, a secondary intermediary, through Dong I, to pay the debt to F. On June 2018, the Defendant embezzled the victim’s property by delivering the above for the K company on August 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each suspect interrogation protocol and statement of the police about B;

1. Each police statement made to F, J, and I;

1. Construction machinery register;

1. Notarial deeds, cash teas;

1. Investigation report (verification, such as the date of replacement, etc. of two forkeep trucks leased to the E company);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone from the President of the K Company L company);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 32 (1) 3 of the Act on Special Cases concerning the Dismissal, etc. of Applications for Compensation Orders;

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