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(영문) 대구지방법원 2019.07.24 2018고단887
횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 12, 2014, the Defendant is a person operating a factory for manufacturing motor vehicle parts and machinery called "C" in the North-gu Seoul Metropolitan City, Daegu Metropolitan City B.

The Defendant concluded a lease agreement with D Co., Ltd. (former Name of E Co., Ltd.) (hereinafter “C”), which is the victim, on March 25, 2014, with the lease amount of KRW 58.1 million (F production), on September 25, 2014, with the lease amount of KRW 9,0750,00 for one unit of the G machine learning center (H production), which is necessary to operate the manufacturing factory of the automobile parts and machinery.

In addition, on June 29, 2015, the Defendant entered into a lease contract with the victim at the same time with the victim with the amount of KRW 44,00,000,000, and at the same time I provided that the Defendant provided the Defendant with the machinery (NSM-T, 1996), which was installed in the factory, provided that the Defendant provided the Defendant with the machinery (NSM-T, 1996) as a collateral for the victim’s additional security in relation to the lease contract for the said machinery (SM-T, 196).

1. Embezzlement;

A. On June 2016, the Defendant: (a) sold one of the instant G machine learning center machinery owned by the victim without the victim’s consent or consent, and embezzled it by arbitrarily receiving KRW 60 million from the vehicle parts processing company, on the ground that management of the company is difficult, while the Defendant leased the machinery of the said G machine learning center from the victim and kept and used it in the said plant; (b) around June 2016, the Defendant disposed of the said G machine learning center machinery at his/her discretion, without obtaining the victim’s consent or consent.

B. The Defendant, as seen above, 1st embezzlements of machine 2013 (F production) installed and used in the above plant by leasing the above measuring instrument from the victim, and used it at around September 2016, 4. The Defendant arbitrarily handles one of the measuring instruments owned by the victim without the victim’s permission or consent (F production), for reasons that the management of the company is difficult.

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