beta
(영문) 수원지방법원 안산지원 2018.01.31 2017고단2779

횡령등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

On August 28, 2014, Defendant A was sentenced to imprisonment of ten months for fraud at Suwon Friwon, and completed the execution of the sentence in the Gisung Vocational Training Correctional Institution on May 8, 2015.

[Criminal facts]

1. On March 2016, Defendant A, the branch of the Defendant, heard the horses that he/she should transfer his/her name-based and factory to the FF factory located in Kimpo-si, Kimpo-si from the victim D, who was the branch of the Defendant, following the victim’s speech that he/she should transfer his/her factory by taking a name-based lawsuit, and the victim “h factory located in G at the time of the city interesting that he/she leased his/her house, with the machine installed.

around April 15, 2016, at the above H plant, the victim was entrusted with the custody of 1.3 million won or more for the victims, the total market price of which is 1.3 million won or more from the victim D, 1 comprehing machine of the comprehioning machine of the amount of KRW 1.3 million, the market price of which is 1.3 million or more, 23 million or more, the market price of the victim’s new capital-holding corporation of KRW 110,000 or more, and 80 tons or more for the victims after being entrusted with the custody of 110,000 tons or more at the market price of KRW 28 million or more.

A. On May 20, 2016, the Defendant received 600,000 won, which was kept in the above factory for the victim D and embezzled by selling at will to the nearby factory at a cost, one of the compact stacks, the market value of which is equivalent to KRW 1,300,000,000, which was owned by the Defendant.

B. Around July 2016, the Defendant embezzled one drying machine at his own market price equivalent to KRW 1,350,000, which was kept for the victim D at the above plant.

(c)

On December 27, 2016, the Defendant voluntarily offered three presses machinery equivalent to KRW 71 million in total, which is the market value of the victim’s new capital stock company that was kept by the victim for the victims, to K as a collateral for transfer of KRW 20 million and embezzled by transferring possession thereof.

2. Defendant B

A. On April 4, 2017, the Defendant is above at the Ma coffee shop located L in Sinstitu City around 11:00.