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(영문) 서울북부지방법원 2019.08.20 2019고단1684

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 27, 2017, the Defendant entered into a contract with the victim D Co., Ltd. and the victim D Co., Ltd., monitors, keyboards, 111 units, 111 units, server 2 units, hot air conditioners, 4 units, and 193,90,00 won in total, including two units of prepaid machines, to pay and lease the rent of KRW 5,452,90 per month for 39 months, and received the delivery of the goods from the above Sca on the same day.

On the other hand, the victim company entered into a lease contract, security transfer contract, and security establishment contract with the content that the victim company purchased the above goods with a loan from E on September 17, 2017, and until E and the victim company repays the full amount of the loan, the ownership of the above goods is in E, and the victim company leases it. However, on September 14, 2018, the victim company acquired the ownership of the goods by paying the full amount of the loan to E.

However, until November 27, 2018, the Defendant paid only 64,463,342 won in total, which is 64,463,342 won. On December 18, 2018, the Defendant sold and embezzled the said goods owned by the victim to F at the above F inception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint (including attached documents);

1. A criminal investigation report (F telephone conversations for reference) and a criminal investigation report (Submission of a written confirmation under the name of the complainant E company);

1. Application of Acts and subordinate statutes of written confirmation and contract;

1. Relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentencing of imprisonment with prison labor was led to the confession of the Defendant, and the Defendant had no criminal record other than the fine once. However, the amount of the instant embezzlement was higher than KRW 129,436,658 (i.e., the value of the goods at the time of entering into a lease agreement - KRW 193,90,000 - the lease fee paid by the Defendant 64,463,342), the damage was not recovered or not agreed with the victim, and the near future damage was inflicted.