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(영문) 광주지방법원 2015.02.04 2014고정2183
횡령
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From June 10, 2009, the defendant is a person who has been operating the company called (State) D in Gwangju Mine-gu C.

On October 15, 2009, the Defendant borrowed 26,500,000 won from the Plaintiff’s New Capital Co., Ltd. for lease financing 26,500,000 won on condition that the Defendant leased 5 of the Victim’s Washington presses from the Victim’s New Capital Co., Ltd. and repaid in installments for 36 months, and kept 5,000,000 won for the Victim.

However, as the Defendant was unable to pay monthly rent due to the difficulties in the operation of the factory, around June 25, 2012, the Defendant embezzled five of the three-dimensional presses owned by the Victim Company for KRW 80,000 by selling the three-dimensional presses owned by the Victim Company for KRW 80,00.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a facility lease agreement;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Optional fine;

1. Taking into account the following circumstances: (a) the Defendant’s reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act reflects the instant crime; (b) the Defendant did not have any criminal history; and (c) the victim’s damage recovery was made; and (d) the victim does not want to be punished any longer.

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