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(영문) 대구지방법원 2018.10.26 2018고합264
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 25, 2015, the Defendant entered into a lease agreement with the victim D office located in Gyeongdong-gun C, and with the victim Down-rating machine (L6030-4K, acquisition cost of KRW 421,165,582, monthly payment of KRW 11,161,736 between 48 months, monthly payment of KRW 11,736), rashing machine (L3050-5K, acquisition cost of KRW 292,563,143, KRW 8,18,810 between 48 months, and KRW 3050,000, KRW 370,000, KRW 475,000, KRW 3075,000, KRW 475,000, KRW 175,710,000, KRW 375,710,000 for the victim.

Accordingly, the Defendant embezzled total of KRW 501,848,469, which is the victim's possession on behalf of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. A lease agreement and a detailed statement of payment;

1. Application of Acts and subordinate statutes to a report on investigation (E representative telephone call);

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 15256, Dec. 19, 2017); Article 355(1) of the Criminal Act concerning the crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] 3 types of embezzlement and breach of trust (the amount of more than 500 million won to less than 500 billion won) [the person subject to special mitigation] 1 year and six months to three years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the imprisonment for a year two years under a suspended sentence shall be made at will two of the high-priced machinery whose rent has yet to be unpaid; and

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