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(영문) 서울북부지방법원 2014.04.04 2013고단2192

횡령등

Text

One year and four months of imprisonment with prison labor, and one year of imprisonment with prison labor for each of the crimes set forth in the holding.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant was sentenced to two years of imprisonment with prison labor at the Suwon District Court for fraud, etc. and the said judgment became final and conclusive on the 30th of the same month.

"2013 Highest 2192"

1. On June 1, 201, the Defendant entered into a business contract with the content that the ownership of the machinery equipment is reserved to the victim before the remainder is paid in full, while taking over KRW 251,450,00 and the right of factory operation in the plastic ex-factory located inside the fireproof factory owned by the victim D, which is operated by the victim D, (7, 3, 3, 20, 7, 7, 7, 7, 3, 3, 3, 4, 4,000, and 251).

The Defendant, while paying KRW 59 million out of the acquisition price and keeping the above machinery equipment for the victim without paying the balance in full, was arbitrarily disposed of to G’s representative H in the factory office operated by the Defendant, which was located in the F on November 201, 201, at the cost of KRW 100 million.

Accordingly, the defendant embezzled the victim's property.

"2013 Highest 2402"

2. On April 15, 2004, when the Defendant borrowed funds from his family members and relatives and established and operated plastic manufacturing factory in the name of J from Yangju City, the Defendant was insufficient to operate the factory. Around March 2005, the amount of 18,920,000 won was unpaid until the end of 2005 when he borrowed a promissory note from his family members and relatives and used it until the maturity of the bill, and the payment was made. Around February 15, 2006, the amount of 30,000 won was borrowed from his family members and their relatives, including the above K, but the cumulative amount of outstanding amounts and debentures, etc., the amount increased by raising the interest of 10% per month from 3rd of each month and borrowing money, and first lending the bonds, and paying the interest, etc. of the borrowed money.