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Reasons
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(영문) 광주지방법원 2014.04.23 2013고단5434
횡령
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The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

From January 27, 2011 to March 2013, the Defendant: (a) leased 2 B offices located in Gwangju Mine District; (b) the victims’ name and poorer employee name and poorer; (c) the term of contract from January 28, 2011 to January 27, 2013; (d) the monthly rental fee of KRW 753,500; (c) the deposit of KRW 6,000,000; (d) the purchase of KRW 6,00,000; and (e) the purchase of KRW 30,00,000,000 on the condition that the contract is terminated; (e) the victim company’s name and poorer working for KRW 20,000; (e) the victim company’s name and poor working for KRW 30,00,000; and (e) the purchase of KRW 30,300,000,000 on the condition that the contract is terminated.

The Defendant embezzled the Defendant’s debt 35,00,000 won on the Defendant’s creditor’s name in lieu of payment in lieu of the amount of KRW 35,00,00,000, while the Defendant kept two combinedings, one of the two labors mining center, and one laborsing machine for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes entered in the police statement of D;

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

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

1. The scope of punishment that can be sentenced [Determination of type] Embezzlement type 1 (less than KRW 100,00) - Where significant damage has been restored to the mitigation element [Determination of the recommended area] / [Determination of the recommended area] / from January to October [the scope of recommendation] / Where most of the proceeds of crime are not consumed, and where the proceeds of crime cannot be consumed and kept, it shall not constitute occupational embezzlement and breach of trust - Where the crime of embezzlement of aggravated factors is not serious reflectivity - where the crime of embezzlement of aggravated factors is committed;

2. Whether or not to add a stay of execution - The reasons for major reference: negative unagreement - The reasons for major reference: significant damage.

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