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(영문) 인천지방법원 2014.05.07 2013고단6692
횡령등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 23, 2011, the Defendant entered into a lease agreement with the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Seoul Building 406 around August 23, 201, under the name of the Defendant’s Dispute Resolution Co., Ltd. Co., Ltd., the Defendant: (a) entered into a lease agreement with the victim-owned company, stating that “if the vehicle is not provided to a third party without prior written consent and the obligation to pay rent is violated for at least 60 days, the lease agreement shall be terminated and the vehicle shall be returned,” and the said vehicle was delivered.

On October 26, 2012, while the Defendant kept the said car for the victim, the Defendant offered the said car as security to F, an individual creditor, without the consent of the victim. From February 2, 2013 to April 9, 2013, the Defendant did not pay rent for at least 60 days, and the Defendant requested the victim to return the said car on the ground of termination of the lease contract, but did not return it to the victim without justifiable grounds.

Accordingly, the defendant embezzled the victim's property.

The defendant is the representative director of Gyeyang-gu Incheon Metropolitan City Dispute Resolution D in relation to the G Building.

On March 7, 2013, the defendant, at the above company office, manufactured and supplied the pipe of materials and steel plates necessary for the manufacture of pit pumps for apartment construction to the J, and the proceeds therefrom to the above company office I.

4. To give payment until May 4.

“The purpose was to make a false representation.”

그러나 사실 피고인의 회사는 당시 기전산업㈜에 약 10억 원, 건융르로앤㈜에 약 2억5,000만 원, 비상개발㈜에 약 2억 원, H에 약 6억 7,000만 원 등의 거래대금채무를 부담하고 있었고, 현장 인건비 1억 5,000만 원도 연체하고 있었으며, 약 20억 원의 은행 대출금채무도 있는 등 과도한 채무를 부담하고 있어서 피해자 회사로부터 자재 파이프 등을 납품받더라도 그 대금을 지급할...

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