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(영문) 서울남부지방법원 2013.06.07 2013고단942
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 December 13, 2009, the Defendant entered into a contract with the victim C to lease one machine (the name of machinery: chemical name) from the victim to December 13, 2010, which caused approximately 35 million market prices at the office of the victim C located in Seocheon-gu, Seocheon-si, Seocheon-si, and embezzled the victim’s property by disposing of the said machine for non-use on the end of November 2010, while the Defendant kept it in the “E” factory operated by the Defendant at the time of stimulting the machinery from the same day.

Summary of Evidence

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

1. Statement of the police statement regarding C;

1. Investigation report (F statement hearing report);

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has no record of being punished for the same crime, the defendant deposited a total of KRW 11 million for the victim, and the circumstances, means, methods, results, etc. of the crime of this case shall be determined as the same as the order;

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

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