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(영문) 창원지방법원 2016.02.03 2015고단2815

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a mechanical manufacturing company “D” at the window C of Changwon-si.

On July 17, 2013, the Defendant entered into a lease agreement (guarantee amounting to KRW 6.4 million, lease period of KRW 36 months, lease amount of KRW 827,787,787 per month) on one of the three-two million CNC Line Co., Ltd. and the market price of the victim's effective capital and the three-two million CNC Line Co., Ltd. (two mountain, PUJMA-200B).

While the defendant kept the above CNC line for the victim in accordance with the above lease agreement, on January 2014, the defendant sold the above CNC line of KRW 15 million at his own discretion at the above CNC line of KRW 32 million and embezzled the above CNC line of KRW 32 million at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes to a copy of a lease agreement, a copy of the specifications of the lease agreement, a written estimate, and a copy of the certificate of acceptance;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Class 1 (100 million won or less) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Act] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Punishment of Specific Crimes (Article 100 million won or less] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Punishment of Specific Crimes [Article 62(1)]