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(영문) 인천지방법원 2015.10.15 2015고단4644
횡령등
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On May 14, 2015, the Defendant was sentenced to 10 months of imprisonment with labor for embezzlement, etc. at the Incheon District Court, and the above judgment became final and conclusive on the 22th of the same month.

【Criminal Facts】

The Defendant is the representative of “C” as machinery manufacturing and machinery parts processing business chain.

Around March 21, 2012, the Defendant entered into a lease agreement with the victim 2-CNC Line Co., Ltd. and the market value of which is equivalent to KRW 60,000,000 (nara5010,nara6020) and one NR-1 (NR-1600) for the lease period of 36 months, monthly rent of KRW 1,384,750, deposit of KRW 18,000,000 at the above C office around August 13, 2013, with the victim 66 months, monthly rent of KRW 1,64,60,50,000 (TN-120V), and entered into the said lease agreement with the victim 36 months, monthly rent of KRW 1,605,700,000, deposit money of KRW 100,000, deposit money of KRW 60,000.

1. Embezzlement;

A. On February 2014 and March 2014, the Defendant arbitrarily disposed of one set of the charters (nara5010) owned by the victim to E under the pretext of payment in kind in lieu of the obligee E in a Buddhist area.

B. Around June 2014, the Defendant: (a) disposed of the obligee E as payment in lieu of payment at the place indicated in a provisional port; (b) one pan-charter (nara 6020); (c) one ice (NRD-1600); and (c) one NAC-120 V (TNL-120V).

2. Around March 14, 2014, the Defendant indicated a seizure of one half of the charter party (nara 6020), one half of the ships (NRD-1600), one of the CNC lines (TNL-1205), and one of the CNC lines (TNL-1205), which is the object being executed by the original copy of the provisional disposal order for corporeal movables, at the office of Incheon District Court’s enforcement officer F, delegated by the creditor (ju), thereby impairing the effectiveness of the seizure indication by transferring the said machinery to E, such as paragraph 1(a).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A complaint (including attached documents);

1. Previouss before and after judgments: A criminal investigation report (Attachment of relevant decisions) and application of the law of the judgment; and

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