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(영문) 대구지방법원 2018.11.16 2017고단6674

횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around December 29, 2015, the Defendant: (a) lent COBI U1 defling machines equivalent to KRW 150 million at the market price with the victim Co., Ltd. up to 36 months until January 5, 2019; (b) entered into a lease agreement to pay KRW 3,222,740 per month; and (c) while the Defendant in the racing, he/she kept the money in custody by the Defendant in the racing Co., Ltd. D on April 21, 2017, he/she embezzled it by selling KRW 70,000 to a non-standing high-ranking business operator on his/her name on the ground that there is insufficient personnel expenses to be paid to his/her employees around April 21, 2017.

The defendant of "2017 Highest 6931" is a representative director of D Co., Ltd.

On November 13, 2015, the Defendant: (a) at the office of the F Co., Ltd. F (Change of name to D around February 2016) located in Daegu Northern-gu, Daegu-gu (Seoul-gu, Inc.); (b) from H, the representative director of the Victim G Co., Ltd., the Defendant: (c) 5, 1, and 20,000 foots from the city to the city.

7 contracts are made to purchase KRW 1.1 billion in total, and around September 28, 2016, it was impossible to pay the price of the machinery installed at D Factory located in Sejong-si, Inc., Ltd., but the contract was terminated by mutual agreement with the above H around December 5, 2016, and the injured party agreed to keep the said machinery in the above factory until the injured party disposes of and transfers the said machinery to others, and stored the said machinery for the injured party. On February 13, 2017, the above machinery was embezzled by providing that the Defendant had kept the said machinery in the above factory as security for the damages.

On August 31, 2015, the Defendant entered into a lease agreement to pay rent of KRW 2,733,260 per month between 36 months for the bents CSS400 M owned by the victim corporation L, and delivered the vehicle, but on April 2017, the Defendant was requested to terminate the contract and return this case from the damaged person due to his/her failure to pay the lease fee for around 2017.

2.3.