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(영문) 서울북부지방법원 2018.02.09 2017고단3799

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around June 11, 2013, the Defendant entered into a lease agreement with the employee in charge of victim non-SP Capital Co., Ltd. (hereinafter “Non-SPF Capital Co., Ltd.”) at the D’s workplace located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “Seoul”), and purchased one machine learning center (name T-400, manufacturing number MV013-01505) in the name of the victim with loans of KRW 81 million.

9. Around September 1, 200, after entering into a lease agreement with an employee in charge of the victimized person at the same workplace, a high speed of air (T14iFLa, P119 x B403) was purchased in the name of the injured person.

On December 23, 2015, the Defendant calculated the two above machinery of KRW 80,000 as a total of KRW 60,100,000,000, which are kept for the victim, as the D places of business operated by the Defendant in the Dong-gu, Gyeonggi-si, Gyeonggi-si, and the lease period of at least one year and six months, and the lease fees corresponding thereto, respectively, were still owned by the victim, and sold them to the Jung-gu, who sold them to the victim.

In addition, the Defendant embezzled the property owned by the victim worth KRW 230,000,000 from December 23, 2015 to February 10, 2016 by the same method as indicated in the list of crimes in the same manner.

On November 18, 2014, the Defendant: (a) concluded a contract for the lease of the facility with “D” office located in F2 of Geumcheon-gu Seoul, Geumcheon-gu, as “A” office where the name of the victim slicking Co., Ltd. is unknown; (b) paid rent of KRW 2,293,120 per month for 46 months; and (c) signed a contract for the lease of the facility with two machine learning center (DT-400 and A-T14i FLa); and (d) received two machine learning centers.

Since then, the Defendant failed to pay monthly rent after December 2, 2015, and received notification from the injured party on February 2, 2016 of the “Notice of Termination of the Contract”, but on February 6, 2016, the Defendant was for the victim in the “D” located in G (the place of business after relocation) in Gyeonggi-si (the place of business after relocation).