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(영문) 울산지방법원 2015.11.26 2015고단1122
횡령
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. From November 23, 2012, around 2012, Defendant A paid 6,468,400 won to the victim’s owner from the 25th day of each month from the 20th day of November 22, 2015 at the F Office, Inc., Ltd., Ltd., the manufacturer of automobile parts in the Defendant’s operation in Gyeyang-si, Yangsan-si, to November 22, 2015, Defendant A entered into one machine learning center (the model name: NR-700, May 200, NR700, serial number: NR70138, May : NR-500, June 201, 6: NM-11-890301, 10-3010, 205-10-16-16-21, 205-16-2, 305-16-2, 2015-16-6.

After the lease term expires at the time of the above lease contract, the Defendant must return the said machinery to the victim if the Defendant purchased the said machinery or does not re-leased it. From November 2013, the Defendant had to pay rent to the victim who failed to pay the lease fee, and if the victim requested the return of the said machinery, the said machinery must be returned to the victim. As such, around May 1, 2013, the Defendant kept the said machinery for the victim. Accordingly, around May 1, 2013, the Defendant sold the said machinery at the above F office one unit (NR-700), the above machine learning center (DNM-500), a mid-term notice of which amounting to KRW 50 million was equivalent to KRW 33 million,000,000,000 among the above CNC Line’s total sum of KRW 128 million,000,0000,000,0000 to the 13.1,1331,000,00.

Accordingly, the Defendant embezzled the victim's property.

2. The Defendant B, around May 1, 2013, leased the victim from the Victim Two Capital Co., Ltd. at the above F Office around May 1, 2013.

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