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(영문) 창원지방법원 2018.05.16 2018고단502

횡령

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Around October 15, 2015, the Defendant entered into a lease contract with the victim D Co., Ltd. on the amount equivalent to 54 million won at the market price of the new type of equipment (550 tons) and received it and kept it for the victim company. On or around May 2016 to June, 2016, the Defendant requested repair of the above sexual type of equipment to a non-repairer, and thus, could not seek parts, and then arbitrarily sold the above sexual type of equipment to the above repairer at his/her discretion on the ground that he/she could not seek parts.

Accordingly, the defendant embezzled one of the above sexual organs owned by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 (1) of the Criminal Act concerning facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

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

1. Sentencing sentence of Article 334 of the Criminal Procedure Act (in a case where the sentencing criteria are not set) of the Criminal Procedure Act: Imprisonment with prison labor for the period of four months: Reasons for an increase of a fine of 10 million won: Recovery of injury, etc. due to failure to recover, etc.: Confession, admission of lease fees (total of 23 million won), absence of the same criminal records;