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(영문) 인천지방법원 2017.06.09 2017고단1429
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has operated a co-manufacturing factory under the trade name of “C” in Incheon Gyeyang-gu.

On March 9, 2010, the Defendant: (a) drafted a “Equipment Lease Agreement,” which is leased from the victim F, on condition that the Defendant would pay rent of KRW 880,000 per month to the 15 editing units (D 11 units, E4 units); (b) the 19 units of the said machinery from the victim F; and (c) the 19 units of the said machinery were handed over from the victim.

While the Defendant kept the said 19 machinery owned by the victim, closed the said “C” business around February 2014, and embezzled the amount equivalent to KRW 46,468,715 of the said machinery’s 19th market price to a third party without the consent of the victimized party.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (for suspect, telephone communications with customers, and main machines, inquiry about the status of business registration);

1. Application of Acts and subordinate statutes on filing complaints and accompanying materials;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. The scope of the recommended punishment according to the sentencing guidelines [type determination] the basic field of embezzlement and breach of trust (decision on the sphere of recommendation] Type 1 (decision on the sphere of recommendation] [the scope of the recommended punishment] [the scope of punishment] from April to April 1 [the general sentencing person] - Where the mitigation element is not an occupational embezzlement and breach of trust: Where the element of aggravation is an embezzlement;

2. Whether to suspend execution [main reasons for consideration] - Unagreement - positive: Where the amount of substantial damage is considerably small (where the amount of actual damage not recovered is less than 20 million won, or where the amount of final recovery is less than 50 million won in cases of sentence considering the sentence of sentence), - No effort to recover negative damage - No effort to recover negative damage is made - There is no criminal conviction or greater than that of suspension of execution.

3. The Defendant made a statement to the effect that he/she recognized and reflected a crime in this Court.

The defendant shall be punished by a fine twice.

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