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(영문) 창원지방법원 2015.12.22 2014고단2473
횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

[2014 Highest 2473] On October 11, 2012, the Defendant established one machine operation center (VM-5400) at the “F” workplace operated by the Defendant in Kimhae-si, Kimhae-si, the market price of which is equivalent to 100 million won for the victim Non-Sc Capital Co., Ltd., and leased that the Defendant’s management ( deposit amount of KRW 30 million, monthly lease amount of KRW 2284,073, and installment period of KRW 36 months), and on October 31, 2012, the Defendant established and operated the CNC Line ( Model name: L210A), CNC Line ( Model Name: L280: F40), 300, 306, 106, 2006, 306, 206, 306, 206, 206, 306, 2006, 306, 2006, 3006, 36.

1. While the Defendant kept the said machinery in the said F’s workplace, on October 2013, the Defendant sold to the operator of a company selling used machinery used in order to make it difficult to know the names located in Gyeonggi-do, for the operator of the company selling used in used machinery, one of the CNC Line (Ro 210A) equivalent to KRW 67,77 million at the market price, one of the CNC Line (Ro 280, L280) at the market price of KRW 79,500,000 at KRW 78,000.

2. While the Defendant kept the said machinery in the said F’s workplace, on April 2014, the Defendant sold to the operator of the company selling secondhand machinery, who was unable to know the name at the Changwon on which it was no longer known, one machine of the machine learning center (VM-5400), the market price of which is equivalent to KRW 72,80,000,000, one machine learning center (F400,000), and two machine units at KRW 75,000.

Accordingly, the Defendant embezzled four machinery worth KRW 320 million in total, which is the cost owned by the victim.

[2014 Highest 3274] The Defendant is a person who operates a manufacturing factory of motor vehicle parts in the trade name of “F” in Kimhae-si E.

On January 30, 2012, the Defendant was given a loan of 2.5 billion won at the victim Kimhae-dong Kim Jong-si branch, and concluded a mortgage agreement on the land for factory and its ground buildings owned by the Defendant, and concluded the mortgage agreement on the land for factory and its ground buildings, etc. with the above factory at the Industrial Bank of Korea.

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