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(영문) 창원지방법원 마산지원 2013.07.26 2013고단134
횡령등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

"2013 Highest 134"

1. Around March 10, 2010, the Defendant entered into a lease agreement with D companies operated by the Defendant in Changwon-si Co., Ltd. to pay monthly rent of KRW 3,224,879 for 37 months, and around March 31, 2010 to pay KRW 4,837,318 for monthly rent for 37 months.

As above, the Defendant had a duty to keep the said machinery for the victim until full payment of the lease fee is made, since the machinery under the lease contract with the victim was delivered from the victim.

Nevertheless, around March 10, 2012, the Defendant arbitrarily embezzled three NAC Line Furma, including the amount equivalent to KRW 54,500,000, and the amount equivalent to KRW 109,000,000, under the contract around March 31, 2010, which entered into around March 31, 2010, which entered into a contract for CNC Line 10,000, by taking over 60,00,000 won to E.

2. Around March 24, 2010, the Defendant entered into a lease agreement with D companies run by the Defendant in Changwon-si Co., Ltd. to pay monthly rent of KRW 1,218,945 for 37 months, and to pay monthly rent of KRW 1,218,945 for CNC Line Furma 1,61,000,000 for CNC Line 61,000,000 for monthly rent of KRW 3,02,20,000 for 37 months.

As above, the Defendant had a duty to keep the said machinery for the victim until full payment of the lease fee is made, since the machinery under the lease contract with the victim was delivered from the victim.

Nevertheless, around July 2012, the Defendant arbitrarily disposed of the amount equivalent to KRW 61,00,000 from CNC Line 1 to F by transferring it to F for the repayment of its obligations due to difficulties in managing D companies that the Defendant operated.

"2013 Highest 209"

1. The Defendant is guilty.

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