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(영문) 수원지방법원 2018.06.21 2016고단3343
횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to the suspension of the execution of ten months of imprisonment with prison labor due to fraud, etc. in the support of Suwon Fagwon, and on May 4, 2016, the judgment became final and conclusive on May 4, 2016.

From around 2014, the Defendant entered into a lease agreement on August 28, 2014 with the victim Non-NF Capital Co., Ltd. and the market price of which is equivalent to KRW 120 million for 36 months to lease the press machine frame (name SIMPAC M2-300), and was in the position of using the press machine by taking over it from the victim until the lease agreement is terminated.

Nevertheless, on July 16, 2015, the Defendant transferred all of the machinery of the Co., Ltd. E, including the press machine, to F, a creditor of the Defendant.

Accordingly, the Defendant arbitrarily disposed of the press machinery equivalent to KRW 120 million at the market price of the victim company, which is the victim company, and embezzled.

On August 27, 2015, the Defendant was sentenced to the suspension of the execution of ten months of imprisonment with prison labor for fraud at the Suwon Giwon, which was decided on May 4, 2016, and the judgment was finalized on May 4, 2016.

On July 9, 2014, the Defendant entered into a lease agreement with the Defendant’s management Co., Ltd. Co., Ltd., Ltd., Ltd., which set the lease fee of KRW 3,036,523, and the lease period of KRW 36 months from the victim’s employees, to use the said machine for the said machine from the victim’s employees.

On July 16, 2015, the Defendant transferred a total of 16 kinds of machinery, including the aforementioned machine, owned by the victim company, to F, the obligee.

Accordingly, the Defendant arbitrarily disposed of and embezzled the instant machinery equivalent to KRW 15 million at the market price of the victim company.

The defendant of "2016 Highest 7722" on August 27, 2015 shall be punished by imprisonment with prison labor for 10 months at the method of flooding.

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