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(영문) 수원지방법원 안산지원 2014.03.19 2013고단2635
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant was a person who operated the machinery and parts processing company of the trade name called Kimpo-si CBBB (B) 119.

around December 29, 2009, the Defendant leased the above machinery from the victim on the same day after concluding a contract for facility leasing one set of 12,90,000,000 won, monthly lease fee of 1,290,026,800 won, at the office of the victim hurd Capital Co., Ltd. (43,000,000,000 won) located in the middle-gu Seoul Central District Co., Ltd., for 110,000,000 won in ownership reservation book, and leased the said machinery from the victim on the same day. Around June 11, 2010, the Defendant leased the above machinery from the victim on the same place for 36 months, 20,040,000 won in deposit, lease fee of 1,623,710,000 won in ownership, and leased it from each of the above 20,000,000 won in total to 20,000.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A copy of each lease agreement;

1. A copy of each written estimate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act that has no record of undergoing a criminal disposition or investigation against the defendant; the defendant seriously reflects the crime of this case; the actual amount of damage caused by the crime of this case is less than KRW 30 million, which is the balance of lease claim at the time of the crime; the damage of this case has already been fully recovered; and the victim already expressed

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