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(영문) 수원지방법원 평택지원 2017.02.02 2016고단1692
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of D Co., Ltd. in Ansan-si Co., Ltd., the Defendant purchased 4 sets and 1 sets of high-speed high-speed strawing machine (hereinafter “the instant machinery”) equivalent to KRW 578 million in total market value from the Plaintiff’s Taesung-si Co., Ltd., and purchased 4 sets of high-speed strawing machine and 1 sets of high-speed strawing machine (hereinafter “the instant machinery”) from the Plaintiff’s Taesung-si Co., Ltd., and paid 259 billion won out of the above price, and paid 318.1 million won in total, thereby making it difficult

On February 2, 2016, the Defendant arbitrarily sold 2 bits of high speed high speed, equivalent to KRW 23584,000,000, in the market price of the instant machine owned by the victim, to the New Franx Co., Ltd., Ltd., which was located in Pyeongtaek-si, Young-gu, Young-do. 770 per annum.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a petition for complaint and sales contract;

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

1. At the time of the crime of sentencing under Article 62(1) of the Act on the Suspension of Execution, the following facts were considered: (a) at the time of the crime of sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act, the Defendant had already paid installment payments equivalent to the market price of two embezzled machinery; (b) at the time of the crime of sentencing, for the resolution of wages for employees, the Defendant did not have any actual damage due to the recovery of machinery; (c) the Defendant did not obtain any benefit; and (d) the Defendant did

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