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(영문) 서울서부지방법원 2016.05.25 2015고단3075
횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Force” On February 14, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Seoul Western District Court on June, 2014, which became final and conclusive on May 3, 2014. On July 8, 2015, the Defendant was sentenced to a two-month suspended sentence on July 16, 2015, and the said judgment became final and conclusive on July 16, 2015.

【Around May 24, 2012, the Defendant: (a) entered into a contract to lease two shooting machines owned by the victimized company SP Capital Co., Ltd.; (b) and one smuggling; and (c) did not pay KRW 30,342,762 to the victimized company while using three of the said machines in custody at around December 2013, the Defendant embezzled the said three machinery owned by the victimized company at will by arbitrarily disposing of the said machinery owned by the victimized company to its names, and embezzled it.

【2015 order 3103】

1. Around January 21, 2013, the Defendant entered into a contract for the lease of one private capital type ( model number: 50MC) owned by the victimized company in the company Co., Ltd. in the company Co., Ltd., Ltd., the Co., Ltd., Ltd., Ltd., and embezzled the lease amount of KRW 41,929,281, while taking delivery of the above private capital type, the Defendant was unpaid to the victimized company on February 2, 2014, after receiving the above private capital type amounting to KRW 27 million from the name in the name in the name in the name in the company Co., Ltd., the Defendant disposed of the private capital type ( model number: 50MC) at his/her own discretion.

2. On January 21, 2014, the Defendant: (a) delegated the enforcement of the victimized Company, which is the creditor, by the enforcement officer F of the Cheongju District Court’s Cheongju Branch branch branch; and (b) entrusted the enforcement of the victimized Company; (c) subsequently, the Defendant, on January 21, 2014, issued a provisional disposition on the part of the said court’s 2013Ka Ka 1877 on the effect of indicating the effect of indicating the execution of the provisional disposition, by disposing of the said private type of the provisional disposition executed on February 2, 2014, by disposing of it to the person who was incom

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with G and H 1.

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