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(영문) 대구지방법원 서부지원 2019.05.22 2018고단2356
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2018 Highest 2356] On November 28, 2016, the Defendant entered into a contract for facility lease with the victim B Co., Ltd. with the content that the Defendant would lease one of the FALCON SPS (FVM-104125DC) and 35 million won “NCPing (BM-100UA)” with the purchase price of KRW 30,500,000,000, and that the Defendant would pay KRW 4,479,308 monthly rent from the victim for 36 months, and thereafter, the Defendant received the above machinery delivery and kept it for the victim. On September 22, 2017, the Defendant sold the aforementioned 40,000 won to 30,000 U.S. 10,000,000 won and sold it to 30,500,0000 won and 305,000,000 won.

On March 29, 2018, F of the Daegu District Court attached two of the above machinery at the above factory of the defendant and attached the attachment indication to two of the machinery, based on the authentic copy of notarial deed No. 2018, No. 126 of the notary public H office with the delegation of execution by creditors G upon the execution delegation by creditors G.

However, on April 2018, the Defendant: (a) removed, without permission, the attachment labels attached to the two above machinery units of the total market value of KRW 69 million at the above factory; and (b) sold the said two machinery units to a heavy machinery dealer without permission, who could not know his/her name.

Accordingly, the Defendant damaged or concealed the attachment indication that a public official performed in connection with his duties, or harmed its utility by other means.

Summary of Evidence

[2018 Highest 2356]

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Lease contract, receipt of an article, report on inspection of a leased article, and statement of claim calculation [208 Highest 305];

1. The defendant;

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