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(영문) 수원지방법원 안산지원 2020.04.29 2019고단4791
횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 19, 2013, the Defendant, from around April 19, 2013, kept the electric lecture board supplied by the victim “C” corporation and supplied it to “D” and “E” by processing the amount of the lecture board permitted by the victim, and sold it to “D” and “E”. The Defendant, while paying the sales proceeds in relation to the considerable amount of the lecture board used after receiving the sales proceeds from D, etc., notified falsely the amount of the lecture board actually used by the Defendant to the victim company because it is difficult for the victim company to operate, and sold the remaining lecture board to be used for personal debt repayment, etc.

From July 2, 2019, the Defendant arbitrarily processed the electric lecture board 30,608km (market price equivalent to 75,55,500,000 won) and sold it to the customer by selling it to the customer while he was supplied with 46,51kg in total with the electric lecture board from the victim company F and B, Inc. by the victim company.

Accordingly, the Defendant embezzled the electric lecture board owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. B Quantity of electric platform used and written transfer and takeover;

1. Copy of the corporate register;

1. The details of account transactions, the details of transaction proceeds received from E, the details of transaction proceeds received from D, and the application of Acts and subordinate statutes to which a criminal suspect remitted to CB which is a complainant;

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

1. Although Article 62(1) of the Act on the Suspension of Execution does not have a large amount of damage on the grounds of sentencing under Article 62(1) of the Criminal Act, the Defendant’s use of the electric lecture board that was supplied and kept in advance by the victim has been reduced and paid less transaction amount, and each transaction has been accumulated with a little amount of damage. The Defendant appears to have paid later as the Defendant would make it difficult for him/her to operate the company. The Defendant paid 65 million won to the victim and the remainder is also endeavoring to repay.

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