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(영문) 창원지방법원 2018.06.27 2018고단265
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. Embezzlement;

A. On January 15, 2014, the Defendant: (a) entered into a lease agreement with the victim BS Capital Co., Ltd. (hereinafter “victim Company”); (b) entered into a contract with the victim BNK Capital Co., Ltd. (hereinafter “victim Company”); and (c) kept one of the above machinery owned by the victim Company at his/her own discretion around December 2016, the Defendant arbitrarily sold one of the said machinery to him/her as debt repayment on his/her name, and embezzled it on three occasions, as indicated in the attached Table of Crimes, and embezzled it.

B. When the Defendant received demand from the victim company regarding the lease fees of two machines of the machine learning center that the Defendant guaranteed, the Defendant discussed with CX to dispose of one locking machine used by the victim company in the amount of KRW 30,000,000,000 on July 4, 2014, and to pay the lease fees in part. On December 2014, the Defendant sold at the Defendant company one of the above cover of KRW 15,00,000,00 to the upper part of the machine in the name of the Defendant company.

Accordingly, the Defendant embezzled one of the above smuggling in collusion with CX.

(c)

On September 23, 2016, the Defendant purchased 4 parts of the JTX-160A (CUTX-160A) from the Defendant Company and embezzled the said four parts of the machinery for the victim Company by delivering them to the victim Company four parts of the machinery and taking custody of the said machinery before full payment of the price was made. Around December 2016, the Defendant, at his own discretion, embezzled them as debt repayment on the part of the non-bearer machinery.

(a) fraud;

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