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(영문) 서울남부지방법원 2015.05.08 2014고단5204
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 is engaged in the business of manufacturing motor vehicle parts under the trade name of “D” in Si interesting City C.

On June 27, 2011, the Defendant entered into a lease agreement with a specialized credit financial business company for CNC Line Co., Ltd. on a lease agreement of KRW 36 months of lease term, KRW 50,884,800 of lease property price, and entered into a security transfer agreement on the cNC Line (registered HMV-1300) owned by the Defendant in order to guarantee the obligation related to the lease agreement, such as lease fee.

1. According to the above lease agreement that the embezzlement Defendant concluded with the victimized company, ownership of leased articles belongs to the victimized company during the lease period, and the Defendant has the right to possess and use leased articles.

Nevertheless, around August 2012, the Defendant: (a) occupied and used the CNC Line (UT-200), which is a leased object, in the foregoing place of business, for the damaged company; (b) received KRW 35 million from a person who is unable to know his/her name, and sold the leased object at his/her own discretion.

Accordingly, the Defendant embezzled the property of the victimized company.

2. According to the above transfer security agreement entered into with the victimized company, the Defendant had the duty to possess and keep the transferred property by the time of the termination of the lease agreement.

Nevertheless, around April 2014, the Defendant received KRW 700,000 from the Defendant’s workplace located in the Nam-gu Incheon Metropolitan City, and sold it at will, in violation of his duty, at the Defendant’s workplace, to a person who is not aware of the name of the deciling machine (a model name HMV-1300), which is

Accordingly, the defendant acquired property benefits equivalent to KRW 700,000 in the market price of the above transferred property, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. A copy of the lease contract dated June 27, 201, and a copy of the certificate of acceptance;

1. Business registration certificate D, representative;

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