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(영문) 전주지방법원 군산지원 2016.05.31 2016고단108
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four months of imprisonment with prison labor and two years of suspended execution on May 13, 2015 by violating the Labor Standards Act at Suwon Franchising Franchising Franchising Franchising, and on May 21, 2015, is still under suspended execution.

[2] From May 2013, the Defendant: (a) from around 2013 to around 29 November 2014, the Defendant moved the place of business to Da, Chungcheongnam-si, Chungcheongnam-si, 2014 while the machinery was operating the industry under the trade name “C” in Gyeonggi-si B.

1. Around October 2014, the Defendant, at the same time, sold 4 parts of CNC lines owned by the Defendant to the victim (ju), and concluded a lease agreement with the injured party on the said CNC’s fleet from October 14, 2014 to April 7, 2017. The Defendant, at the same time, drafted a mechanical siren agreement with the content of KRW 847,000, monthly rental fee from October 14, 2014.

Around November 30, 2014, while the Defendant used the above CNC line four and kept for the victim, the Defendant sold approximately KRW 24 million to F, who is the operator of C at a factory (ju) located in ASEAN-si, ASEAN-si, ASEAN-si, and disposed of the said CNC line four of the above CNC line amounting to approximately KRW 77 million.

Accordingly, the defendant embezzled the victim's property.

2. On April 15, 2015, the Defendant whose indication in the line of duty is null and void is at a C plant located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-si, Daejeon District Court, as G enforcement officers affiliated with the Daejeon District Court’s Doctrile, were in the above factory in accordance with the above court’s decision of provisional disposition prohibiting the transfer of possession or disposal of tangible movable property by the creditor Doctrile, which was executed by G.

Despite the attachment of a provisional disposition mark to 3 NC Line, around May 2015, the above CNC Line was arbitrarily transferred to a (ju) E-factory located in Gunsan-si, Hasan-si.

As a result, the defendant has impaired the utility of the indication of the compulsory disposition that a public official performed in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A mechanical siren agreement, a security for assignment.

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