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(영문) 대전지방법원 홍성지원 2017.01.17 2015고단1220
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

(a) is a person;

1. Around May 15, 2012, the Defendant entered into a lease agreement with the victim at the office of the Seocho-gu Seoul Seocho-gu in charge of the settlement of accounts for the victim F&M-1100 to 1 (20,000 won in the market price of 07 years, market price of 20,000,000) with the victim, and the Defendant only had the right to occupy and use the above smuggling during the lease period of 48 months, and the victim only owned the above smuggling with the right to use it.

The Defendant, as seen above, had kept the aforementioned smuggling machines, which are the object of the lease loan, and embezzled them by arbitrarily selling the same to the neutrons in the foregoing “C” factory around May 2013.

2. The Defendant in breach of trust concluded a lease agreement with the victim's effect capital and machinery at the time and place specified in paragraph 1, with the lease price of KRW 420,00,00, and the lease period of KRW 48 months and the lease period of KRW 48 months, with the maturity of 48 months, transferred the above machinery to the victim as collateral, and thus, the Defendant was obliged to arbitrarily dispose of the said machinery until the repayment of the above loan was made and keep the said machinery for the exercise of the victim's security interest.

Nevertheless, the Defendant violated the foregoing duties, and sold one half of the above-mentioned crime to the above-mentioned senior machinery in the factory of "C" around May 2013, and acquired pecuniary benefits equivalent to the amount of the non-explosion, and suffered monetary damage equivalent to the amount of the non-explosion to the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Lease contract, acceptance certificate, written order acceptance and tax invoice, transfer security contract, and notice of loss of time limit;

1. Previous records: The results of inquiry and investigation reports (Attachment to the judgement, etc. of the suspect A sentenced to a separate sentence) and the application of Acts and subordinate statutes;

1. Article 355 of the Criminal Act applicable to the crime and the choice of punishment.

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