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(영문) 부산지방법원 2015.09.25 2014고단9962
횡령
Text

A defendant shall be punished by imprisonment for four months.

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 February 13, 2015, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud, etc., and the judgment became final and conclusive on February 24, 2015.

Around July 21, 2011, the Defendant, while engaging in a counter-processing business with the trade name “D” in the Seocho-gu Busan Metropolitan City, entered into a lease agreement with one pan-charter (the name of the goods: HL580*200, 201, 201: the manufacturer: the manufacturer) who owns the victim's filial Capital Co., Ltd. to pay KRW 568,078 each month while leasing the goods for 36 months.

The Defendant, on behalf of the victim, kept one above 29 million won of the market price of the victim, which is equivalent to the above 20 million won, around July 2012, sold the above 26 million won and embezzled by selling the above 26 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The statement, accusation, lease contract, etc. with the F;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act in the suspension of execution (the fact that the balance of the lease obligation is half the amount of 8.74 million won, the amount of 1.4 million won has been deposited for the recovery of damage, the fact that there is no record of any same crime, and the principle of equity in the case that a judgment has been rendered simultaneously with a judgment that became final and conclusive;

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