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(영문) 의정부지방법원 2020.02.13 2019고단1707
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 15, 2017, the Defendant entered into a lease agreement with the victim D Limited Company and the HP Computer in an amount equivalent to KRW 150,040,90,09 at the time of acquisition, with the Defendant’s lease period of 36 months from December 15, 2017 to December 14, 2020, with the lease period of 150,040,000 won (the first KRW 52,50,000, the second to 3,96,300,000, the second to 3,96,300 won on the same day on the same day.

Around September 10, 2018, the Defendant kept the aforementioned computer body, etc. for the victim, and transferred at will the Defendant’s own discretion upon receiving KRW 48,625,000 to E employee F who supplies and trades PCs 78 units, monitors, monitors, monitors, and 82 units of the aforementioned goods.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police interrogation protocol concerning G and F;

1. The police statement of H;

1. The basic contract for lease and strike, the receipt of goods, and estimates of lease;

1. A detailed statement of expenses for payment and lease;

1. Application of statutes, such as user receipts and details of transactions;

1. The punishment identical to the order shall be determined by comprehensively taking into account the following circumstances under the pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act concerning the crime and other conditions of sentencing recorded in the records, including the defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime;

3. Unfavorable circumstances: A normal situation in which the amount of the embezzlement damages is large: The fact that there is no other criminal records other than the fine twice.

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