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(영문) 부산지방법원 서부지원 2020.02.05 2018고단2839
횡령등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall receive money from the applicant for compensation 112,272,754 won and 23,698.

Reasons

Punishment of the crime

"2018 Highest 2839"

1. Around November 24, 2017, the Defendant embezzled the property of the victim E by receiving KRW 37,829,000 from the victim E around June 28, 2018 and selling it to another company, while the Defendant, at the warehouse D Co., Ltd., the representative of which, KRW 39,110,00,000, such as “F” owned by the victim E, was kept for the victim E.

"2019 Highest 1061"

2. In August 2018, pipes pipe fraud Defendant filed a public prosecution by stating the victim as “H” in the circumstances where: (a) the Defendant did not interfere with the Defendant’s exercise of the Defendant’s right to defense in light of the evidence duly adopted by the court; and (b) the Defendant, from October 2017, the promissory notes issued in order to settle the payment to customers, etc. were in defaulted; and (c) the Defendant was obligated to pay KRW 800 million; and (d) otherwise, the Defendant was obligated to pay the unpaid amount of KRW 100 million, KRW 300 million, KRW 200 million, and KRW 200,000,000, KRW 200,000,000,000 to KRW 1.40,000,000,000 to KRW 20,000,000,000.

Even if pipeline pipes were supplied from the victim, they were sold and used for the Defendant’s urgent repayment of the Defendant’s debt, and there was no intent or ability to supply the pipe within the delivery period that was ordinarily promised to process the pipe, and the victim’s employees (i.e., supplied 174 parts of the pipe and then processed it with the erode pipe and supplied it by September 21, 2018) were delivered from the victim B Co., Ltd. on August 28, 2018.

On September 5, 2018, the Defendant continued to do so.

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