(영문) 청주지방법원 2016.03.25 2016고단269

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자간(%)

(영문) 청주지방법원 2016.03.25 2016고단269

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who manufactures industrial machinery with the trade name of AG from substantial AF of Cheongju-si.

On November 15, 2013, the Defendant entered into an agreement with the victim’s Korean machinery distribution siren Co., Ltd., and the Defendant’s creditor A of the Defendant provided the said machinery as security on May 30, 2014, with respect to “22,00,000 won for sirens, every 25,000 won for sirens, and from November 15, 2013 to September 25, 2015,” while the Defendant was in custody of the said machinery from the injured party on the same day.

Accordingly, the Defendant embezzled machinery equivalent to KRW 22 million at the victim's market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of police officers against AI and AH;

1. Each police statement made to AJ and AK;

1. The accusation statement, machine siren table, process certificate, goods sale contract, tax invoice, tax invoice, inquiry of the results of transfer, details of overdue overdue charge, application of Acts and subordinate statutes;

1. The grounds for sentencing under Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act for criminal facts [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] [the persons who are not specially subject to sentencing] in the basic area (from April to January 14] [the decision of sentencing] [the decision of sentencing] [the defendant's age, occupation, sex, family relation, circumstances before and after the commission of the crime] shall be determined by taking into account the following conditions of sentencing as stated in the records, such as the defendant's age, occupation, sex, family relation, etc.:

Maximum 1/3 of the favorable circumstances - The amount of rental fee was paid.

- Circumstances to be taken into account.

- The mistake is divided.

There is no measure to recover damage against the victim.

- Along with the history of punishment for the same kind of crime, the crime of this case was committed again.

참조조문

-형법 제355조 제1항

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