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(영문) 창원지방법원 마산지원 2013.06.12 2013고단322
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a manufacturing company of the trade name B in Changwon-si.

On or around October 18, 2011, the Defendant: (a) concluded a lease contract with the victim enz Capital Co., Ltd.; (b) one machine learning center (on or around 3, 190,000 won for total lease amount; (c) 50,000 won; (d) monthly lease amount of KRW 1,298,744; and (e) 3,000 won for 10,000 won for 2,000 won for 3,000 won for 3,000 won for 2,000 won for 3,000 won for 2,000 won for 3,000 won for 3,000 won for 36,000 won for 3,000 won for 3,000,0000 won for 3,000,0000 won for 3,0000 won for 3,000,0000 won for 3,000.

While the Defendant kept the aforementioned machinery for the victim, he/she disposed of the said machinery as collateral or sale on four occasions from May 23, 2012 to December 31, 2012 from the date and time to May 31, 2012, and embezzled each of the victims’ property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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