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(영문) 수원지방법원 안산지원 2019.01.17 2018고단2399

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 29, 2018, the Defendant was sentenced to imprisonment with prison labor and four months in the Suwon District Court for embezzlement, etc., and the said judgment became final and conclusive on August 24, 2018.

On February 23, 2015, the Defendant: (a) around February 23, 2015, at the C office of the Defendant’s operation of the Defendant Company C, the victim of CNC V (manufacturing E, Model E, F, 2015 Form G, Manufacturing Number G) concluded a lease agreement with the Defendant for KRW 19.8 million; (b) CNC sculptures (Manufacture E, Model E, H, 2015 Form I) with the lease amount of KRW 30.8 million; (c) Do Ba PP ( were the obligees, Model E, 2015 Form J, 2015; and (d) with the lease amount of KRW 44,4 million for each 36-month period; and (c) concluded a lease agreement with the Defendant on the expiration date; and (d) executed the above 36-month period on the condition that the rights of the victim were transferred to the date of maturity; and (d) executed the above 36-month period on the basis that the Defendant acquired the said machinery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. An agreement of lease, detailed statement of lease agreement, contract, and business registration certificate;

1. Previous convictions in judgment: The previous convictions and results of confirmation, and the application of Acts and subordinate statutes of four copies of the judgment;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes is that where the defendant arbitrarily disposes of the leased articles owned by another person, thereby causing damage to the leasing company, which is the victim, the crime is not good;

However, the amount of damages actually suffered by the defendant due to the payment of a considerable period of installments before the company's default seems to be equivalent to KRW 40 million, equity with the case of receiving the judgment at the same time as the judgment became final and conclusive is to be considered, and the defendant is at any time before the crime of this case is committed.