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(영문) 대전지방법원 서산지원 2021.03.11 2020고단879
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From May 17, 2018 to May 30, 2018, the Defendant entered into a contract with the victim C’s D office located in Yeongdeungpo-gu Seoul Metropolitan Government, under which the victim’s market price of KRW 20,60,000 is KRW 2,060,000, and one monitor was dispatched to the Defendant’s residence located in Yeongdeungpo-gu.

While the Defendant kept a siren computer and monitor on behalf of the victim as above, the Defendant arbitrarily disposed of it from July 2018 to October 201 of the same year, such as selling the said computer and monitor in total to 8 million won for eight buyers, who became aware of it through the Internet F site, at a time-time shuttle bus terminal at 149 a.m. at night.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol contracts entered into with C by the police and the written estimate of damage to the Kakao Stockholm;

1. Relevant legal provisions regarding criminal facts, Article 355(1) of the Criminal Act regarding the selection of punishment, and Article 355(1) of the Criminal Act regarding the defendant's reasons for sentencing a sentence of imprisonment with prison labor, and disposing of it in a way that the market price of the embezzled goods is 20 million won or more, and the sirens paid by the defendant are somewhat excessive to damage.

The punishment shall be determined in consideration of the following factors: (a) the defendant has the same criminal history and has many records of punishment for property crimes; (b) the damage has not yet been recovered; (c) the defendant has not been present at the sentencing date without contact with him/her; (d) the situation where contact was interrupted and the situation after the crime was committed; and (e) the circumstances after the crime

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