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(영문) 수원지방법원 안산지원 2017.01.12 2016고단4023

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In November 2006, the Defendant received from the victim D(C) in the “C” plant operated by the Defendant in Sinsi-si, Sinsi-si, 2006, one “CS 150 tons” and “CS 200 tons” equivalent to the market value of the machinery that manufactures automobile parts from the injured party, and one “CS-PRES 200 tons” equivalent to KRW 50 million in the market value, and stored for the injured party and used for the factory operation.

Around July 31, 2015, the Defendant, while keeping the said machinery for the victim, sold the machinery “CS-RES 150 tons” to “E” in KRW 26,40,00,00, and then disposed of the machinery “F” in KRW 28,050,000, respectively, around November 7, 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A sales contract, a copy of passbook, and an electronic tax invoice;

1. Application of Acts and subordinate statutes to a report on an investigation (Evidence submitted additionally by a complainant) and a report on an investigation (specific details on the use of proceeds from the disposal of

1. Article 355 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;