logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.08.18 2016고단1429
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around May 20, 2013, the Defendant operated the “C” company manufacturing pipe parts and metal components in Kim Sea-si B. Around May 20, 2013, the Defendant entered into a lease agreement with the said C company to pay lease fees of KRW 2,28,600 each month between 36 months and 2,28,00,000 each month, and to arbitrarily acquire and sell 10,000,000,000,000,000,000 per annum and 5.1% per annum from the said workplace on the same day to 8,00,000,000,000,000 per annum from the said workplace on the same day. Around November 2014, the Defendant acquired and kept the said machinery at his own discretion to sell 8,500,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the written complaint (including attached documents);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendation] No. 1 of the basic area (4 to 100 million won) (4 months) [the person subject to special sentencing] [the sentence] of the Defendant’s disposal of the leased machinery without permission, the crime is not weak, and the victim needs to be subject to severe punishment due to his/her failure to reach an agreement with the victim: Provided, That the Defendant’s endeavoring to pay rent as of December 2, 2015, the unpaid rent exceeds 17 million won; the Defendant’s violation of the Road Traffic Act and the Guarantee of Workers’ Retirement Benefits Act committed a violation of the Road Traffic Act and a violation of the Guarantee of Workers’ Retirement Benefits Act, other than those sentenced to a fine on one occasion, and the execution of the community service work is divided by mistake, and the execution of the sentence is suspended on condition of social service work.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

arrow