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(영문) 춘천지방법원 영월지원 2014.03.21 2013고단622
횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. At around 15:00 on September 23, 2011, the Defendant leased equipment such as bags, meriology, charging, and rupture amounting to KRW 500,000,000 in total of KRW 3.4 million in the market price from the victim, the Defendant paid KRW 180,000,000 in loan at DKamera rental store for the victim Co., Ltd., Ltd., Ltd., located in Busan Shipping Daegu B building 1914, and leased equipment equivalent to KRW 3.4 million in the market price from the victim and KRW 3.5 million in market price.

On October 5, 201, while the defendant kept and used the Kameras, sirens, and accessory equipment for the victim, the defendant arbitrarily provided the above Kameras, sirens, and ancillary equipment as collateral for the use of the Kameras and accessory equipment in Gangnam-gu Seoul, Seoul.

Accordingly, the Defendant embezzled 7,40,000 won of the market price owned by the victim, one carmer, one siren, and accessory equipment.

2. 피고인은 2011. 9. 29. 14:00경 서울 마포구 G건물 204호에 있는 피해자 H 운영의 주식회사 I 카메라 대여점에서, 대여금 9만 원을 지급하고 피해자로부터 시가 350만 원 상당의 카메라(캐논 Eos 5D Mark2) 1대와 시가 350만 원 상당의 렌즈(캐논 EF 70-200mm F/2.8L IS∥ USM) 1개를 대여하였다.

On October 7, 201, while the defendant kept and used the above camera and siren for the victim, the defendant was voluntarily granted a loan of 2 million won from the K Complex located in the Seocho-gu Seoul Metropolitan Government J commercial building, and provided the above camera and sirens as security.

Accordingly, the Defendant embezzled one carmera and one sirens equivalent to the total market value of 7 million won owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of Acts and subordinate statutes on a lease contract or equipment lease contract;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are added.

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