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(영문) 수원지방법원 2014.11.13 2014고단802
횡령등
Text

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

Reasons

Punishment of the crime

1. On September 16, 2010, the Defendant was granted a loan of KRW 388,880,000 from the Korea Technology Credit Guarantee Fund for Technology, and the Defendant offered the circuit manufacturing facilities SDR (one set, two chip transporter, two for the workshop, two for the workshop, one for one for one, one for one for another, and one for another, and an appraised value of 450,000,000 won as of April 2, 2013) as a security. However, the Defendant violated the duty to use, manage, and store for the mortgagee in a normal manner on behalf of the mortgagee, and then arbitrarily disposed of it to a third party in an amount equivalent to KRW 10,000,000,000 to KRW 10,000,000 to KRW 100,000,000,000 to KRW 30,000.

2. Around October 17, 2011, the Defendant embezzled by arbitrarily selling it to a third party in the amount of KRW 49 million around November 1, 201, while keeping the amount equivalent to KRW 100,000,000 in SMT manufacturing BF-VOYGER machine 2 and the market price from the Korean Capital Capital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each complaint;

1. Application of Acts and subordinate statutes, such as a lease contract, a security for transfer, a certificate of subrogation, a equipment sales contract, and an electronic tax invoice;

1. The point of violation of relevant legal provisions concerning criminal facts: The point of embezzlement under Article 355 (2) and (1) of the Criminal Act: Article 355 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, the scope of final sentence due to the aggravation of multiple concurrent crimes with no basic area (1 to 3 years), (1) (1 to 1 to 4 years), (2), and (3) of the Criminal Act, for the reasons for the sentencing in Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act / [the scope of recommending punishment] mitigated area (6 to 50 million won) [the scope of recommending punishment] mitigated area (6 to 2 years], and where significant damage has been recovered, the scope of punishment [the scope of recommending punishment] committed in the basic area (1 to 50 million won) of the crimes (1 to 3 years), (1 to 4 years of punishment]: 1 year to 4 years [the decision of recommending punishment] circumstances agreed with the victim as to the crime of breach of trust, and the scope of punishment for embezzlement.

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