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(영문) 서울남부지방법원 2016.11.03 2015고단4622
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 27, 2014, the Defendant, as the manager of D Co., Ltd. (hereinafter referred to as D only), entered into a contract with F Co., Ltd. (hereinafter referred to as the “victim Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) to use 9 machinery equivalent to 402,00,000,000 won in total market price at the factory of the Victim Co., Ltd. located in Si, Gunsan-si, with the content that D Co., Ltd. will offer funds installment payments and money lending as collateral for the above Victim Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”). In order to secure operating funds of the above Company, D Co., Ltd., Ltd., Ltd. (hereinafter referred to as the “Co.”), the Defendant issued promissory notes with a total face value of KRW 400,000,0000,000 and issued promissory notes with a face value of KRW 80,200,00.

However, unlike the initially agreed upon discount of the said Promissory Notes at a different place, D and the victim company did not pay to D an amount equivalent to KRW 280 million used by them until the due date of a promissory note under the condition of KRW 120,000,000,000,000, not 2000 won. D and the victim company established a joint investment corporation on September 22, 2014, and the victim company first performed part of the imminent debt of two companies by providing all of the equipment owned by them as collateral, and the victim company entered into a supply contract with the cosmetics company that the victim company traded in the name of D and agreed to operate the joint investment corporation by receiving facility funds and operating operating funds from the bank on the basis thereof. However, the victim company failed to prepare five hundred million,50,000,000,0000,0000,000,000,000,000.

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