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(영문) 수원지방법원 성남지원 2019.05.22 2019고단291
횡령등
Text

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

Reasons

Punishment of the crime

The defendant is a person who has operated ‘Seoul-gu building B in Sungnam-si, ‘Clurgy' in the fourth floor, ‘Seoul-gu building' in the same Gu D building, ‘Epip bank' in the third floor, ‘Gu F building' in the same Gu and ‘Epip bank 2' in the fourth floor.

1. Around February 28, 2017, the Defendant entered into a facility leasing agreement with G Co., Ltd., and had PC body, etc. kept PC body, etc. for the victim while using 65 PC body, etc., including PC body 95 in total amounting to 104,50,000 won, PC body 95 feet, PC body 71,500,000 won in CPC, PC body 65 years in total in CPC, PC body 65 years in total, and kid, for 36 months in each lease period.

On October 10, 2018, the Defendant embezzled by selling to others the PCs and its surrounding equipment in excess of the total market value of 176,000,000,000, which is kept for the victim at the above time room.

2. On February 28, 2017, in order to secure the lease contract concluded with the victim as mentioned in the preceding paragraph, the Defendant in breach of trust provided 5 monitors equivalent to the total market value of 11,700,000 won in the Epic bank operated by the Defendant, 95 monitors equivalent to the total market value of 17,10,000 won in the Epic bank, and 37,170,000 won in the total market value of 17,10,000 won in the Epic bank, and 59 PCs equivalent to the total market value of 37,170,000 won in the Epic bank as security for the victim until the lease contract is terminated.

On October 2017, the Defendant, in violation of the foregoing duties, sold to others all the PC body located in Epip bank 2, and sold as described in Paragraph 1, monitors, etc. in Cpip bank and Epip bank around October 10, 2018.

As a result, the Defendant in violation of his duties acquired property benefits equivalent to KRW 65,970,00, which is the security value of the above monitors, and caused property damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Facility lease agreement (C), deposit agreement (C), and

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