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(영문) 인천지방법원 부천지원 2017.01.20 2016고단1560
횡령
Text

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

Reasons

Punishment of the crime

On April 3, 2013, the Defendant lent the name of his wife D in Kimpo-si, Kimpo-si, in the indictment amounting to KRW 83,600,000 in the market price, the Defendant stated that the time of automatic laundry, continuous laundry, etc. (hereinafter “laundry, etc.”) embezzled by the Defendant was KRW 570,000,00 in total. However, the Defendant’s assertion on the value of the instant laundry, etc. was accepted and recognized as KRW 83,60,000 in value.

The instant laundry machine (50km), 1, 4, 50 g, 100 g, 120 g, 2, 2, 120 g, 120 g, 2, 1 roller, and 1 of the instant laundry machine, and the instant laundry was transferred to new shares, and the instant laundry Co., Ltd. was sold to the victim Samsung Card Co., Ltd., and the victim Samsung Card Co., Ltd. entered into a lease contract under the said D’s name, the representative of the laundry plant (monthly rent 8,24,500 x 48 months) with the Defendant, and the Defendant, the actual operator of the laundry factory, had the instant laundry machine stored in the victim Samsung Card Co., Ltd. in the instant laundry.

While the Defendant kept the instant laundry, etc. for the Victim Samsung Card Co., Ltd., on or around December 2014, the Defendant issued two automatic laundry machines (120km) with money from F, and issued two consecutive laundry machines (50km) to G on June 2015, the Defendant provided two consecutive laundry machines (50km), two laundry machines (100km), one presses (100km), and two laundry machines (100km), two automatic laundry machines (80kmg), and one roller respectively.

Accordingly, the Defendant embezzled the property owned by the Victim Samsung Card Co., Ltd., which is equivalent to the market value of 83,600,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or H by the prosecution;

1. Each police statement made to I, G and J;

1. The lease agreement;

1. Contract for trading;

1. Written estimate;

1. Determination as to the defendant's assertion of appraisal statement

1. Depreciation costs, etc. of the defendant's assertion;

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