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(영문) 대전지방법원 2014.07.16 2014고단1656
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 20, 2012, the Defendant entered into a temporary re-lease agreement with the victim E, the representative of the above D, to set the lease period of at least 400,000,000,000 won, from November 19, 2012, and kept at least 50,000,000 won prior to the expiration date of the lease period, and embezzled the said temporary re-lease agreement without returning it to the victim at his/her own discretion without returning it to the victim at the expiration date of the lease period.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Investigation report (F telephone statement of the complainant's agent);

1. Application of Acts and subordinate statutes on consignment, payment, temporary lease agreement;

1. Article 355(1) of the Criminal Act applicable to criminal facts, Article 355(1) of the Criminal Act of the choice of punishment, the scope of the recommended sentence on the sentencing guidelines for sentencing sentencing of imprisonment with prison labor [the crime of embezzlement and breach of trust, the category 1 (less than KRW 100 million), the basic area of imprisonment, the period from April to April 1], and the following circumstances are considered, and the sentence is determined as per the disposition. Unfavorable circumstances: (a) recognized the facts of crime and reflects the fact of crime; (b) non-performance of damage; and (c) other unfavorable circumstances such as the non-performance of damage:

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