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(영문) 의정부지방법원 2017.04.24 2017고단395

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 20, 2016, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud and occupational embezzlement, and the judgment became final and conclusive on May 28, 2016.

On November 22, 2013, the Defendant agreed to purchase “4D screening equipment machinery” owned by the victim F from the victim F at a law firm E office located in Guro-gu Seoul, Guro-gu, to purchase the “4D screening equipment machinery,” and concluded a contract for the reservation of ownership with the content that the purchase price shall be KRW 14,400,000,000 for each 36-month period from January 2014 to December 2016, and that the purchase price shall be KRW 4,00,000 for each 36-month period from the victim’s transfer of ownership.

While the Defendant kept “4D screening equipment” for the victim under the above contract, on February 27, 2014, the Defendant sold the said equipment at will to I, who operated H, Inc., a corporation from Daejeon Seo-gu Daejeon, Daejeon.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's partial statement in court (including the recording of the F witness examination);

1. Legal statement of witness F;

1. Statement of the process deed and the contract for trading equipment;

1. Previous conviction: The part concerning the statement in the suspect interrogation protocol (163, 164 pages of evidence), the entry of a criminal investigation report (Attachment of a report on a criminal suspect's previous conviction), and the application of Acts and subordinate statutes as a result of the case of this court and the search of a sentence by the court;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under the first sentence of Article 39(1)(1) of the Criminal Act for the treatment of concurrent crimes (the sentencing criteria shall not apply since there are concurrent crimes after Article 37 of the Criminal Act)

The purchase price of the instant equipment embezzled by the Defendant is KRW 144 million.

The Defendant paid only KRW 3868,00,000, one of which was paid by the Defendant, and most of the damages were not recovered.

The Defendant, who entered into a sales contract with the victim for the reservation of ownership with respect to the instant equipment, has made clear confessions.