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(영문) 전주지방법원 군산지원 2016.05.17 2015고단1225
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around April 17, 2014, the Defendant entered into an agreement on May 22, 2014 with the victim C and DPC to pay 57 computers of an amount equivalent to KRW 41,090,000 (H81, 4G, GTX760) of the market price owned by the victim from the victim C and DPC Lease Co., Ltd. for KRW 41,090,000 each month from April 17, 2014 to April 17, 2016, on condition that the Defendant paid KRW 2,051,40 each month for 24 months from April 17, 2014 to April 17, 2016, and paid the same type of computer of the same kind of 35,00,000 won from the victim’s market price from the above DPC to the victim’s 25,30,000,000 won each month from May 22, 2014.

On May 2015, the Defendant transferred 92 computers owned by the victim in the above DPC room to the Defendant, who was urged to pay the debt of KRW 40 million from E, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to details of deposits under complaint, general lease;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Type 1 (4) (4 months to 100 million won) of the basic area (4 months to 1 year and 4 months), and there is no person in charge of special sentencing] [decision on the sentence] unfavorable circumstances: There is no significant number of punishment: there is no more significant number of punishment for favorable circumstances in which considerable damage is not recovered. An effort is made to recover damage. A sentence is made for six months of imprisonment and two years of suspended sentence;

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