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(영문) 의정부지방법원 고양지원 2014.10.16 2013고단2156
횡령
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

A victim C (a person who has worked in the Medical Device M, Inc., a medical device selling company) tried to lease “Nerato” medical device “Nerato” (an amount equivalent to approximately KRW 80 million at the market price) from D, who operated the hospital, and, at the request of D, intended to lease the leased amount to KRW 150 million,000,000 so that the remainder remaining after subtracting the value of the medical device from the leased amount can be used as the hospital operating expenses, so it is difficult to deduct the difference between the leased amount and the value of the medical device from the leased amount through the company of the company of the victim, and the defendant (a person who has worked in the medical device selling business under the trade name, “E”).

On May 2013, the Defendant: (a) received a proposal from the Defendant on May 2013, 201, stating that “The Defendant leased one of the “Nerato” medical devices sold by D who operates a hospital from NAM, Inc., Ltd., to KRW 150 million in lease amount; (b) deducted 15% in the value of medical devices (the value of KRW 80 million), value-added tax, and fees; and (c) returned the remainder to D; and (d) the Defendant was able to sell the medical devices to NA capital instead of IM and return the remainder after deducting 15% in return for value-added tax and fees.”

Accordingly, the victim agreed with D, F (employee of KTF) and D, D to lease one medical device “NEkhto” from the KTF capital to KRW 150 million, and then written a contract with the Defendant to supply the Defendant with one medical device “NEkhto” at KRW 150 million in the form of D and its medical device at KRW 150 million. The Defendant prepared a contract with F and its medical device at around May 21, 2013, and D lend the leased amount to KRW 150 million in the form of lease and pay the lease fees each month.

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