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(영문) 인천지방법원 부천지원 2016.02.04 2015고단3147
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operates a mobile phone parts processing company in the trade name of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, and 1810.

On March 21, 2013, the Defendant entered into a lease agreement on the condition that the sum of KRW 560,000,000 in the market price is equal to the monthly principal and interest of KRW 11,465,145, every three years, as shown in the attached list of crimes, such as “Logate,” which is a machine that processes the Si Capital Co., Ltd. and cell phone parts, the injured person, and the machinery that processes mobile phone parts.

Although Defendant was notified by the injured party of the termination of the contract due to the default of lease fees while keeping property owned by the injured party under the above lease agreement, Defendant was given the notice of the contract termination, Defendant did not sell some machinery between April 2014 and December 2014 to the used machinery business operator, and some machinery did not return it by expending, etc.

Accordingly, the defendant embezzled the victim's property.

around March 28, 2014, the Defendant: (a) concluded a lease agreement with the victim company on the condition that the Defendant would return the equipment to the victim company when the contract term expires or the return request is made upon the termination of the contract. (b) Around March 28, 2014, the Defendant agreed that the Defendant would return the equipment to the victim company when the contract term expires or the return request is made upon the termination of the contract. (c) Around May 10, 2014, 36 months (from May 10, 2014 to April 10, 2017).

On November 30, 2014, while the Defendant kept and used the above chips for a victim company, entered into a sales contract with F with the end-of-life machinery with F on November 30, 2014, and transferred KRW 30 million as contract deposit. On December 5, 2014, the Defendant received the balance 28.5 million won from F, and sold the said chips to F.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

[2015 Highest 3147]

1. Statement by the defendant in court;

1. G. G.

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