2016 Highest 3818 Embezzlement

A

Escopical rain (prosecutions) and scopic (public trial)

January 10, 2017

A defendant shall be punished by imprisonment for not less than five months.

Criminal History Office

The defendant is the actual operator of B, a manufacturer of industrial machinery.

Around May 9, 2014, the Defendant entered into a lease agreement with the victim Korean Capital Co., Ltd., Ltd., and with the victim 127,000,000,000, lease period of 36 months, lease fees of KRW 3,252,870 each month on the condition that the Defendant would pay the victim 127,00,000,000 won, and from that point of time, the Defendant kept it for the victim company at the B factory located in Kim Sea-si.

On June 9, 2015, the Defendant sold at will 5,000,000 won to the person who has lost his name, and embezzled the amount of 78,00,000 won for one half of the three machinery owned by the victim company (CNC L280).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Documents, such as the payment of rent, etc., facility lease agreement, written estimates, details of transactions, pre-announcement of compulsory execution of movable property, etc.;

1. Each report on investigation;

Application of Statutes

1. Article applicable to criminal facts;

Article 355(1) of the Criminal Act

Reasons for sentencing

【Scope of Recommendation】

Type 1 (100 million won) Basic Field (4 months to 1 year and April)

【Special Convicted Person】

【Determination of Sentence】

○ favorable circumstances

- The fact that the defendant returned two remaining machinery and paid rent prior to the commission of the crime, and the defendant used the machinery disposal proceeds for the business operation, and there is no other force than the fine.

Although the amount of damage is not small, the damage has not yet been recovered.

Judges Lee Su-he