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(영문) 부산지방법원 2016.06.02 2015고단1655
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

B. While being kept, the Plaintiff arbitrarily sold the amount of KRW 66.4 million on September 2, 2014 and embezzled it.

On November 13, 2013, the Defendant: (a) concluded on November 13, 2013 at the G office operated by the Defendant, Yangsan-si, a first-class group of 22,500,000 won ( machine name: PRTEC 710*3000 (99 formula) with the victim’s Hyundai Social Co., Ltd.) in the market price; (b) determined that the first-class group of 22,50,000 won was paid in the amount of lease; (c) 507,797 won per month between 36 months; and (d) the first-class group of 14,00,000 won in the market price ( machine name: H580 (95 Form) with the victim’s amount of 14,50,000,000 won; (d) the amount of principal and interest per month between 315 and 36 months in the amount of principal and interest per month;

In accordance with the above lease agreement, while the defendant kept two above group lines for the victim, around June 2, 2014, in G located in Kimhae-si, Kim Jong-si, the defendant disposed of 1 to 6,50,000 won of the group line for the victim (the name of machinery: HL580 (the 95 formula)), and around August 1, 2014, the defendant disposed of 13 million won of the group for the crime (the name of machinery: PREC 710*300 (the 99 formula).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each complaint;

1. A copy of a contract for facility lease, details of a contract, a copy of a receipt of goods, written estimates, electronic data, and current status of receipt;

1. A copy of each facility lease agreement (HL580, PROTEC 710*3000), or receipt of an article;

1. Application of a copy of the bankbook in the name of the recipient;

1. Article 355 (1) of the Criminal Act, and the choice of punishment for the crime;

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, there is no basic area (one to three years) (one to three years) (a person who is subject to special sentencing) in the basic area (one hundred million to five years), and there is no agreement on the reduction of concurrent crimes, etc., it is inevitable to impose a sentence in consideration of the fact that there is no agreement on the reduction of concurrent crimes.

However, the defendant has used the disposal price for the repayment of loans and the payment of taxes.

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