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(영문) 대전지방법원 천안지원 2013.04.05 2012고단1417

횡령등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 of the "2012 Highest 1417" is a person who serves as the representative director of the D Co., Ltd. in Asan-si C.

On September 29, 2011, the Defendant entered into a contract with the victim second Capital Co., Ltd. (one to 850 tons of the fire extinguishing machine, one to 50 tons of the fire extinguishing machine, one to 550 ton of the fire extinguishing machine, one to 1,300 ton of the fire extinguishing machine, one to 1,300 ton of the fire extinguishing machine) on lease from the victim second Capital Co., Ltd. (D office) office.

The terms and conditions of the above lease agreement were 30 million won per annum, 7% per annum, and 36 months with maturity, and the monthly rent was agreed to be KRW 8,975,448 per month and KRW 9,263,120 per month from the first month to the last month, and deposit KRW 90 million with the deposit in advance.

From around September 29, 201 to July 29, 2012, the Defendant kept three of the above types of shooting machines owned by the victim while paying KRW 101,894,320 out of the agreed monthly rent. On June 28, 2012, the Defendant sold the amount equivalent to KRW 200,000,000 of the first market price of 1,300 tons of lsM from the pertinent office to the representative F, and on July 20, 2012, sold to G representative H the amount equivalent to KRW 850,000,000,000,000 in the aggregate of the market price of 550 tons of the launch type of the fire extinguishing machines. < Amended by Presidential Decree No. 23448, Jun. 28, 2012>

Accordingly, the Defendant embezzled the total amount of KRW 290,000,000,000,000, which was kept by the Defendant for the victim.

The defendant of "2012 Highest 1606" is a person who operates a (State) D in Asan City I and the (State) J in Asan City.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

1. (State) The Defendant in violation of the Labor Standards Act related to D shall pay KRW 1,425,91 as wages for June 201, 201 to workers employed in the said workplace from November 24, 201 to August 13, 2012, within 14 days from the date of occurrence without agreement between the parties on extension of the due date.

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