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(영문) 인천지방법원 2015.08.19 2015고단3950
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who runs a manufacturing chain C Company.

On October 8, 2012, the Defendant entered into a lease agreement with 6 CNC lines of the same CNC company owned by the same company, 2012, and 35,310,000 won and the lease period of 48 months, and paid lease fees of 7,935,860 won per month to the Defendant by the lease contract maturity, and received the above line from the two capitals of the above company around that time.

JBour Capital Co., Ltd., the victim, took over all the rights under the above lease contract from the two capitals Co., Ltd. around March 11, 2013.

The Defendant, at the same place around December 9, 2013, installed the said line facilities owned by the victim in Bupyeong-gu Incheon, and kept them for the victim, sold six of the CNC line facilities owned by the victim to E for a gold of KRW 135 million.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a sales contract, a complaint, a lease contract, a lease transfer contract, a notification on the transfer of a lease, a list of damaged goods, a details of collection of rent, and a sales contract;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] types 2 (the amount of not less than 10 million won but less than 500 million won) are mitigated (six months to two years), the mitigated area (special mitigation] (the amount of punishment in six months to two years), or significant damage has

2. Determination of sentence: (a) the Defendant recognized the instant crime and reflects the instant crime; and (b) the sales price of six groups of CNC sold are remitted to the victim company and repaid the principal of the loan to the victim company; and (c) the fact that there is no power above the same kind and suspended execution, under favorable circumstances, is an object leased without the consent of the victim

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