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(영문) 의정부지방법원 2015.10.06 2014고단3080
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Justice] On May 28, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Jung-gu District Court, which was dismissed on October 22, 2014, and the said judgment became final and conclusive on October 30, 2014.

【Criminal Facts】

On March 15, 201, the Defendant: (a) around March 15, 201, at the victim D (hereinafter “victim D”) office located in Namyang-si Co., Ltd. (hereinafter “victim D”) in Nam-si, concluded a contract for the supply of a short voltage recycling machine; and (b) supplied a medium voltage recycling machine to the damaged company around September 30, 201.

On November 2012, the Defendant came to contact with the damaged company that machinery was stopped due to the malfunction of the voltage revir, and replaced the revirative revir without defects until May 5, 2013.

“Around June 10, 2013, “A” made and continued to repair a letter of undertaking, and provided the first, second, latter, second, latter, second, latter, latter, second, latter, latter, latter, second, latter, latter, latter, and second, latter, to E as collateral, the market price of the damaged company, which was under custody, cannot be determined (as the market price is estimated to be approximately KRW 150,000,000 to KRW 20,000,000,000 to KRW 1,50,000,000,000 through KRW 20,000,000,000).

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

Summary of Evidence

1. Legal statement of witness F (the date on which the eighth trial is made);

1. Statement made by witnesses E in the second protocol of the trial;

1. Each police station and each prosecutor's protocol of examination of the accused;

1. Copy of corporate register, business registration certificate, purchase contract, specifications, contents certification, and machinery storage certificate, etc.;

1. Previous records of judgment: Criminal records, references to criminal records, text of final judgment against A, and computerized data on confirmation of confirmed facts, and the defense counsel;

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