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(영문) 대전지방법원 천안지원 2017.08.10 2017고단650
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2012, the Defendant: (a) around September 28, 2012, the employees working for the victim Korean Capital Co., Ltd.; and (b) the employees of the machine learning center mechanically equivalent to KRW 197,50,00,00 in the market price of the damaged company; (b) the monthly rent No. 1-3 times, KRW 1,208,041; (c) KRW 4,405,344, KRW 51 months in the lease period; and (d) the ownership of the leased object belongs to the damaged company.

“After entering into a lease agreement and being handed over two machines of the machine of the machine mining center,” the unpaid rent of KRW 116,807,625 on March 13, 2015 shall be paid for 23 months.

“The content of the amendment agreement was entered into.”

1. On April 29, 2015, the Defendant committed the crime committed on April 29, 2015, sold KRW 52,80,000,00,000 to the Granc C Co., Ltd., which came to know through the Internet and its website, while being kept for the damaged company with one machine of the said machine learning center around April 29, 2015.

2. On November 20, 2015, the Defendant committed the crime of November 20, 2015, sold one machine of the machine learning center to C, which was known through a foreign website, among the Internet, while keeping one machine of the said machine learning center for the damaged company, at least 64.9 million won.

Accordingly, the Defendant embezzled the property owned by the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. A facility lease contract, a facility modification contract, a statement of financial lease agreement, each commodity transaction contract, each facility lease agreement, the terms and conditions of the facility lease contract, the receipt of goods, each business registration certificate, each seal imprint certificate, the status of receipt, and notification of cancellation of the

1. Account transactions;

1. Application of Acts and subordinate statutes to investigation reports (person C and person for reference telephone conversations);

1. Article 355 (1) of the Criminal Act and the choice of punishment for the crime, Articles 355 and 355 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) [the scope of the recommended sentence] Type 2 (not less than KRW 100,00 but less than KRW 500,00), the mitigation area (not less than KRW 100,00 but less than KRW 500) is the criteria for dealing with the same type of concurrent crimes.

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