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Reasons
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(영문) 인천지방법원 부천지원 2017.03.30 2016고단2734
횡령
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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

From September 28, 2012, the Defendant entered into a lease agreement with the victim Samsung Card Co., Ltd. as to two public works machinery equivalent to approximately KRW 204,100,000 in the market price, with the lease period of KRW 48 months from September 28, 2012, and KRW 4,104,30 in the name of Defendant’s wife D, and received two of the above public works machinery in the name of Defendant’s wife.

On December 2014, while the Defendant kept two parts of the above machine for the victim, the Defendant received KRW 50 million from a trading business operator of the above machine, and arbitrarily disposed of one part of the above machine. On January 2015, the Defendant arbitrarily disposed of one part of the above machine after receiving KRW 50 million from the same business operator.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing a statement of complaint, lease contract, written estimate, each written estimate, sales contract, receipt of goods, report on the inspection of leased goods, lease/Le deposit sheet;

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

1. The value of the embezzled machine for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is large to KRW 200 million; on the other hand, the defendant reflects his mistake; the defendant agrees with the damaged financial company; the defendant has no record of the same kind; the defendant committed the crime in this case; and other circumstances, including the circumstances leading to the crime in this case; the purpose of use (use as fund for the operation of the company); and the circumstances after the crime, etc., the punishment as set

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