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Reasons
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(영문) 청주지방법원 2018.11.22 2018고단2137
횡령
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of Asan City C Co., Ltd., a manufacturer of automobile parts located B.

On December 7, 2016, the Defendant entered into a lease agreement with the victim Oral Capital Co., Ltd. on condition that the sum of KRW 45 million should be KRW 35 million per one unit, KRW 35 million per unit, KRW 16,000,000, KRW 1700 won per unit, KRW 267, KRW 478,730 for 39 months and KRW 268,730 for 39 months during 39 months, KRW 50,000, KRW 120 tons for the victim company and KRW 35,00,000, KRW 35,000 per unit, KRW 120 tons for the defendant, KRW 16,500 for the first unit, KRW 160,000 for the first unit and KRW 170,000 for the second unit, KRW 284,500,00 for the second unit, KRW 285,000 for the second unit.

Despite the condition that the ownership of the victim company is reserved during the lease period, the defendant, at around August 10, 2018, embezzled by selling at will the amount of KRW 80 million equivalent to the total market price of KRW 120,000,000,000 under the contract on December 7, 2016, which was entered into on December 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint for clocks;

1. Lease agreement;

1. Receipt of the goods;

1. Written consent for disposal of leased articles;

1. A detailed statement on the settlement of termination at each level;

1. A list of business visits;

1. A detailed statement of payment of lease money;

1. Application of Acts and subordinate statutes on the deposit of proceeds from sale during the period of withdrawal and the payment of proceeds from lease;

1. Article 355 (1) of the Criminal Act, and the choice of imprisonment, comprehensively, with prison labor, under Article 355 of the Criminal Act and the choice of applicable laws and punishment for the

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [the scope of the recommended punishment] Type 1 (less than KRW 100,00) is subject to mitigation (one month to ten months) [the person who has been specially mitigated], or is not subject to punishment.

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