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(영문) 부산지방법원 동부지원 2016.09.28 2016고단1242
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 24, 2013, the Defendant concluded a lease agreement on the condition that deposit 52,00,000 won should be paid to the victim (ju) clock and the machine of the machine learning center equivalent to the market price of KRW 130,00,000, and that monthly rent of KRW 2,554,390 should be paid for 36 months.

On October 2013, the Defendant embezzled the said machinery to D, a creditor of around April 2016, while taking one machine of the instant machine learning center from the injured party in the manufacturing factory of “C” industrial parts operated by the Defendant, which was located in the Gu, at the end of the end of the year, and being kept for the victim.

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 to a facility lease agreement, a written estimate, or a notice of cancellation prior to termination, claim / receipt details, termination, and payment/collection details;

1. The pertinent legal provisions of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts and the selection of punishment are not smaller than the amount of damage for the reason of sentencing, the Defendant did not reach an agreement with the victim, and the damage was not recovered.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no record of criminal punishment except for two different kinds of fines.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Group of Embezzlement and Breach of Trust, Type 2 (at least KRW 100 million, less than KRW 500 million, etc.)

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