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(영문) 창원지방법원 마산지원 2013.08.28 2013고단331
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2011, the Defendant entered into a lease agreement with D companies located in Haan-gun, Chungcheongnam-gun, Chungcheongnam-gun, in which the acquisition cost of 102,300,00 the monthly lease fee of 2,673,607 won was paid in KRW 102,30,00,000, and the ownership of leased property was the victim's company.

The Defendant, under the above lease agreement, kept two above CNC lines in the above plant that he operated, and used them. On April 2012, the Defendant embezzled the victim’s property at his own discretion, by selling two above CNC lines of total amounting to KRW 102,30,000 at the market price for reasons of the need for smuggling at the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the same Act);

1. Social service order under Article 62-2 of the Criminal Act;

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