횡령등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On December 16, 2015, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Changwon District Court, and the judgment became final and conclusive on September 30, 2016.
On April 7, 2017, the Defendant was sentenced to imprisonment for one year and six months at the Busan District Court on the grounds of fraud, etc., and the judgment became final and conclusive on January 12, 2018.
【Criminal Facts】
On February 24, 2014, the Defendant concluded a lease agreement with C on the condition that C and DNB-110 Boring machines will be paid in 1,587,738 won each month for 36 months, and that DB-110 Boring machines will be sold to the seller of the victim who sold the above DNB-110 Boring machines, and that the lessee would recover and sell the leased goods on behalf of the victim when cancelling the lease agreement due to unpaid rent, etc. of the above C, and then repurchasing the purchase price within 60 days with repurchasing, and at the same time, at the same time, the purchase agreement was concluded with the victim that the ownership of the said machines will be transferred from the victim.
Accordingly, on May 2015, the defendant, who was operated by the defendant in Gangseo-gu Busan Metropolitan Government D, decided to re-purchase the above bowling machine from the victim upon the victim's request for re-purchase due to the cancellation of lease contract due to the above C's default, and around August 2015, the defendant transferred the above bowling machine from C to the above E plant and kept it for the victim.
While the Defendant had been requested from the victim to pay the purchase price of the said machinery several times during the storage of the said machinery, the Defendant arbitrarily moved the said bowling machine from F to not more than port of distribution, which was requested from the victim’s employees at the above E plant on July 2016, but did not avoid hiding machine’s location hidden and did not comply with the return of the said machine owned by the victim without good cause.
The accused shall be the defendant. < Amended by Presidential Decree No. 24750, Sep. 2, 2013>