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(영문) 창원지방법원 2014.10.08 2014고단679
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operated the PC in the name of “D” in Kim Sea-si, Kim Jong-si.

On March 7, 2012, the Defendant entered into a lease agreement with the victim's filial capital in the PC room on March 7, 2012, and received 61 units of prefabricated-type computers and monitors in an amount equivalent to KRW 61 million each month, and paid lease charges of KRW 2,022,237 each month for 30 months.

The Defendant, on March 22, 2013, while keeping the main body and monitors of the aforementioned computer on behalf of the victim, disposed of the main body and monitors of the said computer on March 22, 2013 at the same place, and embezzled them at will to a trading company of the above computer on name 30 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a copy of lease agreement;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) is the first offender, and the meaning of the lease contract is not clearly understood due to lack of social experience, resulting in the instant crime. Considering the circumstances, such as the fact that the defendant's repayment plan for paying a certain amount per month to the victim was approved in the personal rehabilitation procedure

1. Social service order under Article 62-2 of the Criminal Act;

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