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(영문) 창원지방법원 진주지원 2015.11.27 2015고단386
횡령등
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[2015 Highest 386] On March 14, 2013, the Defendant entered into a lease agreement with the Defendant on the same day and stored for the victim on the same day, at the office of X (SY) Co., Ltd. X (DB130CX) operated by the Defendant, the Defendant arbitrarily received the amount of KRW 1,000,000,000 in KRW 3330,000,000,000,000 in the market value of the public machinery and at the cost of KRW 180,000,000,000,000,000,000 won in KRW 48,000,000. On November 15, 2013, the Defendant arbitrarily received the CNC monitoring (DNB130,000,000 won in KRW 1,50,000,000 from the victim X Co., Ltd. (DB130D).

Accordingly, the Defendant embezzled one of the co-mechanics worth KRW 180,000,000 at the market price owned by the victim.

[2015 Height910] The Defendant is a manager of YY Co., Ltd. in Sacheon-si, who ordinarily employs 21 workers and operates painting and steel structure manufacturing business.

The Defendant did not pay AB’s wages of 1,722,360 won in July 2014 and wages of 1,722,360 won in August 2014 at the above Y business establishment from around December 30, 2013 to August 14, 2014, within 14 days from the date of retirement without any agreement between the parties to the extension of the payment date.

[2015 Height986] The Defendant, as the representative director of YW, is an employer who ordinarily employs 21 workers and operates the manufacturing of painting and steel structure.

The Defendant did not pay KRW 2,157,30 in March 2015, and KRW 2,192,349,30 in April 2015 and retirement allowances of KRW 4,349,30 in April 2015, as well as KRW 2,131,60 in March 10, 2015, within 14 days from the date of retirement, without any agreement between the parties to the extension of the due date for payment.

Summary of Evidence

[2015 Highest 386]

1. Defendant's legal statement;

1. Statement made to AD by the police;

1. Lease contract [2015 Height910]

1. The defendant's legal statement; 1.1.

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