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(영문) 창원지방법원 2016.04.07 2015고단3064
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2013, the Defendant concluded a contract on July 26, 2013 on the sum of 45 million won with the victim (ju) and hMB-6 digital 3 caming machines, 25 million won with the MB-5 digital 3 caming machines, 20 million won with the two MB-5 digital 3 caming machines, 40 million won with the two digital 20 million won, 40 million won with the three caming machines of the above A2, 40-1060, and 7 million won with the line machines of the GA-1650, with the LA-1650, 15 million won with the LA-1300 million won with the lease of 300 million won with the 300,000,000 won, 300,000 won, 2938.37,000 won.

On June 2014, the Defendant, at Changwon-si B located in Changwon-si, embezzled the said machinery for the victim, sold 30 million won to the purchaser of the high-tech machinery who used to purchase the said machinery, for the purpose of the victim, the Defendant embezzled it on 30 million won by selling YB-6 digital 3 tampling machine, interest MB-5 digital 3 tampling machine, two mountain dMB-5 digital 3 tampling machine, Le ala DA-1650, while keeping the said machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on investigation (to hear statements by telephone from a complainant's agent);

1. Application of Acts and subordinate statutes to the complaint (including attached materials);

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the grounds for sentencing as follows / [the scope of recommendation / [the scope of recommendation / [the defendant's agent D stated that the actual amount of damage is less than KRW 100 million during the prosecutor's investigation (the defendant's agent D stated that the actual amount of damage is equivalent to KRW 75 million in the prosecutor's investigation] ( April-1 year and April 4] of the basic area (the defendant's sentencing person] / [the decision of sentencing] of the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence is determined as per the disposition.

The circumstances disadvantageous to the defendant: The defendant is led to confession and reflect the fact that the defendant did not agree with the victim, and that the defendant has a record of fine of the same kind once.

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