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Reasons
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(영문) 인천지방법원 2016.09.22 2016고단2067
횡령
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A defendant shall be punished by imprisonment for not less than eight 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

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for embezzlement at the Incheon District Court on April 15, 2016, and the judgment became final and conclusive on April 23, 2016.

[Criminal facts] The Defendant brokered the reservation of hotel rooms “B”

On February 2, 2014, the Defendant entered into a verbal contract with the representative E of the victim “D” in Jung-gu Incheon Metropolitan City and the Defendant to “in the event that customers, such as a contractual port, are accommodated in the hotel, they shall attract the said customers into D and be accommodated in the hotel, claim for accommodation expenses to the airline, and pay it to the victim company, and the victim company shall pay 10% fee per guest room.”

Around December 31, 2014, the Defendant received 6,578,00 won for accommodation on December 31, 2014, 16,929,00 won for accommodation on January 30, 2015, and KRW 5,735,50 for accommodation on November 20, 2014; KRW 2,464,00 for accommodation on December 24, 2014; KRW 16,929,00 for 7.40,000 for 7. 5; KRW 16,929,000 for accommodation on January 30, 2015; KRW 16,50 for accommodation on December 31, 2015; KRW 16,50 for accommodation on May 24, 201; and KRW 16,500 for accommodation on February 3, 2015;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate;

1. Certificates of deposits in Asia, certificates of deposits, certificates of deposits in each Asia, certificates of deposit, certificates of deposits in a bankbook, and copies of bankbooks;

1. Previous convictions: Criminal history inquiry, investigation report (written indictment and attachment of judgment) and case summary information ( Incheon Prosecutors' Office No. 2016 type No. 1265).

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