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(영문) 부산지방법원 2014.07.11 2014고정946
횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 10, 2006, the Defendant entered into a contract with the victim for the sale of machinery of 20 points, such as shocking machines, used at the Defendant’s plant in Kimhae-si, Kim Jong-si, to the victim D and for the continuous use of the said machinery by paying monthly rent from the victim.

Therefore, the defendant had a duty to keep the above machinery for the victim who is the owner, and has a duty not to arbitrarily dispose of it or to arbitrarily dispose of it, to destroy, damage, or to reduce the value of the security.

From February 2, 2008 to March 2008, the Defendant sold 2 coolants owned by the victim in the above plant to the needy amount, and embezzled them.

B. On June 201, the Defendant arbitrarily transferred the machinery to the company with mutual trade name, “E” 120 meters and 100 meters, which is owned by the victim and kept in the above plant, and embezzled it on the condition that the Defendant performed the Defendant’s obligation.

2. On March 11, 2008, the execution officer F belonging to the Changwon District Court was entrusted with the execution by creditor D, and attached a seizure indication by means of the original copy of the provisional disposal order for corporeal movables of the above court No. 2008Kadan1030 on March 11, 2008.

However, around June 201, the Defendant, at the above plant, damaged by removing without permission any seizure marks attached to two of the above voltaged crowdfunding machines.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. A protocol of inspection of seized objects, and protocol of provisional disposition for corporeal movables;

1. Application of the statutes governing a sales contract;

1. Relevant Article 355(1) of the Criminal Act, Article 140(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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