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(영문) 수원지방법원 안산지원 2017.09.08 2017고단1664
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 5, 2015, the Defendant entered into a lease agreement with the victim non-NF Capital Co., Ltd. and with respect to 57 PC sets, such as a sum of KRW 100 million and monitoring, around 36 months of the lease period, as to 44 million, monthly lease fee of KRW 1,927,350, and 36 months of the lease, and around that time, the Defendant received and kept the aforementioned PC sets in custody.

around May 2016, the Defendant: (a) received approximately KRW 57,00,00 and disposed of approximately KRW 16,000,000; and (b) consumed the price for personal use; (c) from July 2016, the Defendant did not pay the rent at all; and (d) the overdue rent has reached KRW 41,480,005 until now.

As a result, the Defendant embezzled the amount of property the victim is unclear.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of the PC;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense. Article 355 (1) of the said Act

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the Defendant did not have any criminal record other than a fine of 1 million won in 2016, and that the Defendant did not have any criminal record other than a fine of 44 million won, and that the victim was paid a deposit of 23,128,200 won and the lease fee of 12 times, and the lease fee of 24 times is not paid.

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