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(영문) 수원지방법원 안양지원 2018.07.03 2018고단318
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant concluded a lease agreement with the Defendant setting the lease deposit amount of KRW 92,50,000, and the lease period of KRW 36 months from June 30, 2016 to June 30, 2019 as KRW 2,540,931 each month with respect to the assembly computers equivalent to KRW 162,50,000, 200, and monitoring 70.

Around that time, the Defendant paid a contract deposit and received a assembled computer, etc.

While the Defendant kept the above assembly computer, etc. for the victim company, on April 2017, the Defendant arbitrarily disposed of it in the DPC room operated by the Defendant in Yangcheon-gu Seoul, Yangcheon-gu.

Accordingly, the Defendant embezzled the property owned by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The basic area (from April to January 1) of the scope of the recommended punishment [the scope of the recommended punishment] of Type 1 (the market price is unclear at the time of a disposition less than 100 million won, but considering the fact that the unpaid rent as of July 2017 falls under 61,042,239) (the fact that the unpaid rent as of July 201 is 61,042,239) (no person subject to special sentencing)

2. Determination of sentence - Determination of favorable circumstances: The fact that it is against good faith - unfavorable circumstances: The fact that it is not agreed with the victim company and the amount of damage is not small;

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