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(영문) 부산지방법원 2014.01.09 2013고단6942
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2013, the Defendant: (a) concluded a facility lease contract with the amounting to KRW 70,000,000 at the above company office, including Hyundai CNC Line KIT400, to KRW 70,000,00 at the above company office; and (b) took over four of the above metal processing machinery on the same day and kept it on the same day; (c) sold four of the above metal processing machinery at the above company office to the above company office, and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a facility lease agreement and a statement of financial lease agreement;

1. Although there are favorable grounds for sentencing regarding criminal facts, Article 355(1) of the Criminal Act, Articles 355(1) of the Criminal Act regarding the choice of punishment, sentencing of imprisonment, and the fact that the defendant is the first offender and reflects the fact that it has not been long enough to conclude the instant lease contract, the sentence shall be imposed by taking into account the following: Provided, That it is reasonable to give the defendant an opportunity to compensate for damage, and the court does not have any statutory detention, and the sentence shall be determined by taking into account all other circumstances, such as the motive, means and result of the crime, the defendant’s age, environment, criminal record, family relation, and the circumstances after the crime.

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

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