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(영문) 부산지방법원 2016.06.17 2015고합762

횡령등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On July 27, 2012, the Defendant entered into a lease agreement (facility lease) with the victim Samsung Card Co., Ltd., Ltd., and entered into between the Defendant and the Defendant’s Defendant’s Defendant’s Defendant and the Defendant’s garrising string, eroding, eroding, SNK radar, monthly lease fee of KRW 9,419,80, and the lease period of July 17, 2015.

Around May 6, 2013, while the Defendant kept the said machinery for the victim, the Defendant placed a string in E companies and sold the processing machine at KRW 30 million, and on March 19, 2014, sold the string presses to F companies around KRW 10 million.

Accordingly, the defendant embezzled the victim's property.

2. Around March 26, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford) was granted a loan of KRW 500,00,000 from the Victim’s Bank of Korea, and the Defendant offered a cutting machine (TNA) as collateral. As such, the Defendant had a duty to faithfully manage the collateral in order to achieve the purpose of the collateral until the repayment of the loan is completed.

Nevertheless, the Defendant violated his duties and sold the cutting machine to G on January 19, 2015, thereby causing property damage equivalent to the security value to the victim and acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Each electronic tax invoice, each transaction agreement, each case transfer statement, each complaint, each lease agreement, each lease agreement, the statement of deposit of lease money, the check of the head of the loan bank, the credit transaction agreement, the statement of overdue accounts, the statement of appraisal and assessment, and the remaining lease fees;

1. Application of Acts and subordinate statutes to each investigation report (No. 30,31,33, 35 No. 5 of the evidence list);

1. Relevant legal provisions and each embezzlement of selective punishment for criminal facts: The point of breach of trust under Article 355(1) of the Criminal Act (Selection of Imprisonment) is the Gu.