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(영문) 서울동부지방법원 2013.05.16 2012고단3203
횡령
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2011, the Defendant: (a) requested the representative E of the victim (owner) in the office of 830 head office of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, for the sale of the right to use the right to use the right to use the right to use the right to use the right to use the right to sell the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes to the complaint, each investigation report (topline for Witnesses);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (the decision of a suspended sentence) is as follows: (a) more than KRW 100 million but less than KRW 500 million (special person in breach of trust); (b) In the mitigated area (the decision of the recommended area) [the scope of the recommendation area] 6 months or more to 2 years [the scope of the mitigated area] - In the case of embezzlement of aggravated factors - (a serious reflector of the mitigated element - (whether suspended sentence is suspended or not] - The main reason for the suspended sentence - There is no criminal record above the positive social relation - there is no positive reason for the suspended sentence - there is no criminal record over the suspended sentence of half that is obvious of the positive social relation (the decision of a suspended sentence] : there is no history of other crimes except for the punishment imposed twice by a fine; and (c) the defendant has divided his or her wrong facts; and (d) the court's age, character, character, environment, family relations, occupation, etc.

It is so decided as per Disposition for the above reasons.

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