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(영문) 청주지방법원 2013.12.20 2013고단1427
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around December 21, 2011, the Defendant, in collusion with husband B, entered into a contract with the victim Korean siren Co., Ltd. to lease five monitors of an amount equivalent to KRW 59,346,058 at the market price of KRW 61 and five monitors of an amount equivalent to KRW 1,335,152 at the end of the computer at the end of the 59,335,058 at the end of the PC located on the first floor below the building of the Daejeon Jung-gu World Commercial Building. On December 20, 2011, the Defendant embezzledd the above computer at his own discretion and embezzled it by selling the above computer at a price of KRW 35,500,00 for the victim company on December 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. Application of Acts and subordinate statutes to a copy of a bankbook, siren contract, photograph, product supply, and installation confirmation;

1. Relevant Article 355 (1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Determination of sentencing under Article 62-2 of the Social Service Order Criminal Act provides that the crime means and damages of this case are not recovered under unfavorable circumstances, and that there is no record of criminal punishment, and that there is a reflective error, respectively, under favorable circumstances. In addition, the defendant stated to the effect that B, her husband, used the proceeds of disposing of the computer, etc. of this case in his/her name to repay his/her obligations under his/her name and was locked with the remainder. The defendant does not seem to have made a false statement, taking into account all circumstances such as the defendant's age, character, conduct and family

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