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(영문) 수원지방법원 안양지원 2016.04.19 2015고단1615
횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2015 Highest 1615] On October 10, 2011, the Defendant entered into a lease agreement with its employees on the condition that the CNC team, the damaged company owns 48 months, lease amount of 10 million won, deposit amount of 30 million won, and on April 23, 2012, the Defendant leased the machinery of the Mynx-650 million won (Mynx-6500), which is the victimized company at the above location, under the condition that the equipment would be leased 48 months, lease amount of 80,000 won, deposit amount of 16,000,000 won, deposit amount of 16,000,000 won, and on December 4, 2012, the Defendant did not arbitrarily lease the machinery to the damaged company (Mynx-6,000,0000 won, 2.3 million,000,0000,000 won,00 won,00 won.

In accordance with each of the above lease agreements, the Defendant, from the date and time of each of the above contracts, was kept in custody of the above machinery for the victim at the Defendant’s factory located in Masung City, and embezzled the said machinery by arbitrarily disposing of the said machinery to “C” for debt repayment and preparation of living expenses at the above plant around March 26, 2015.

Accordingly, the Defendant embezzled three of the above machinery worth 290 million won in total, which is the market price owned by the victimized company.

[2015 Highest 1804] The Defendant, around November 12, 2013, operated a company manufacturing parts of the trade name “D” in the Seosung-si, Gyeonggi-do around November 2, 2013, concluded a lease agreement under which the Defendant leased 48 months of lease amount, 120 million won of lease amount, 20 million won of lease amount, 2,310,812 won as the condition for the payment of lease amount, and on April 24, 2014, concluded a lease agreement under which the Defendant leased the MYX6500/50 of the name of the damaged company and the machine of the machine mining center (MYM750/50 of the model name) owned by the victimized company.

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