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(영문) 전주지방법원 2014.05.27 2014고단329

횡령등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

On August 1, 2013, the Defendant was sentenced to imprisonment with prison labor for six months or one year of suspended execution for committing a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Jeonju District Court on the same month.

9. The above judgment became final and conclusive.

On November 18, 2012, the Defendant entered into a contract on the condition that the Defendant would pay rental fees of KRW 2,580,500 per month for 11-month between the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) and KRW 50,000,000,000 of the market value of the victimized Co., Ltd. (hereinafter “victim”) and KRW 13,000,000,000, which is owned by the victimized Co., Ltd. (hereinafter “victim Co., Ltd.”), and received and kept the delivery of the contract, the Defendant arbitrarily disposed of it to the Nonindicted Co., Ltd. on his/her name and KRW 13,00,000,000 on April 13, 2013.

On the other hand, on March 18, 2013, the injured company received a decision of provisional disposition prohibiting the possession, transfer, and disposal of corporeal movables from the above computer main body and monitors by Seoul Southern District Court 2013Kadan2361 on the ground of the Defendant’s delinquency in her rental fees. On or around April 28, 2013, the execution officer of the Jeonju District Court: (a) revoked the possession of the defendant in the above main body and monitors, which are the subject matter of execution, based on the original copy of the above decision, which has been delegated by the creditor company; and (b) made the debtor use the subject matter of execution on the condition that the execution officer would not change the current state, and (c) attached a notice stating the above contents to the wall of the said Kater; (d) the defendant arbitrarily disposed of the subject matter of execution on or around April 13, 2013.

Accordingly, the Defendant embezzled the goods owned by the victimized company as above, and at the same time, undermined the effectiveness of the above provisional disposition by the court.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Each investigation report and evidential materials attached thereto;

1. A complaint, a equipment lease contract, a business registration certificate, and a business registration certificate;