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(영문) 수원지방법원 안산지원 2015.12.16 2015고단2894
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[The circumstances leading to criminal conduct] The Defendant was a person operating C, which is a manufacturer of metal parts in Siti-si, B. On July 11, 2012, at the above C office, the Defendant reserved the ownership of two parts of CNC-based machinery to the victim by obtaining a lease loan of KRW 110 million from the victim(s) OO capital.

【Criminal Facts】

On October 5, 2013, the Defendant, at the above C office, sold 2 parts of the CNC Line Machines to D while keeping 2 parts of the above CNC Line machinery for the victim, and embezzled 2 parts of the CNC Line machinery by receiving the purchase price and using them for employees’ wages, rent payments, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints, lease agreements, and information on claims;

1. Tax invoice;

1. Application of Acts and subordinate statutes on deposit;

1. Article 355 (1) of the Criminal Act and Article 355 of the same Act concerning the relevant criminal facts, the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order reflects the defendant's mistake and has no record of being punished for the same kind of crime, and the defendant has endeavored to recover damage by paying a considerable amount of money to the damaged company after the crime of this case, etc., the punishment as ordered shall be determined by taking into account the favorable circumstances in the records of this case.

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