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(영문) 창원지방법원 2017.10.25 2017고정628
횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 11, 2012, the Defendant leased 2 dong and container stuffs 1600,000 from the victim E to October 31, 2013 from the low temperature warehouse located in D at the time of permanent stay on October 13, 2012, and received delivery of 1,600 container stuffs.

The Defendant used the container stuff as above and stored the container stuff for the victim. On October 31, 2013, the Defendant: (a) received a request from the injured party to return the container stuff; (b) returned 500 container stuffs; and (c) embezzled the remainder by refusing to return it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (the recognition and reflect of the crime of this case by the defendant, the primary crime, the circumstances of the crime

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