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Reasons
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(영문) 인천지방법원 부천지원 2018.01.10 2017고단1806
횡령
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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 6, 2015, the Defendant: (a) sold approximately KRW 20 million in the sum used by the Defendant at the Defendant’s Korean Office of Distribution of Korean Machines, Co., Ltd., Ltd., the Defendant, at the Sinsi-si University of Singu, Seoul, about 115,5, and KRW 101,00,000, and KRW 20,000,000,000, and KRW 1,000,000,000; (b) sold the said machinery to the victim; (c) from March 30, 2015 to September 10, 2017, the use period for the said machinery was from March 30, 2015 to September 87, 20, KRW 29,00, KRW 128,500, KRW 30,150,60, respectively; and (d) around 26, 2016.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a machine siren agreement, goods sale and purchase contract, tax invoice, and inquiry about the results of transfer by Korean banks;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. According to the record claiming that the owner of each of the instant machines was not a Korean mechanical distribution siren, the Defendant, the representative interest of D, was the Defendant, and on March 6, 2015, the F, the Defendant, the Defendant’s wife of the instant machines, drafted a sales contract with the buyer as to each of the instant machines between the seller and the Korean mechanical distribution siren Co., Ltd. on March 6, 2015, and the buyer, the buyer, a Korean mechanical distribution siren Co., Ltd., and the lessor’s agreement with the lessee as F, and the lessee, respectively. Article 12(2) of the mechanical rental agreement provides that the Company shall transfer the rental machines without compensation if the agreed rental fee is paid in full.

“....”

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