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(영문) 서울동부지방법원 2017.11.21 2017고단1088
횡령
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is a representative of D, who is a manufacturer company of machinery and gold-type parts in C when he/she is commercialized.

1. Around October 16, 2015, the Defendant entered into a lease agreement with the victim company and two co-mechanics, such as TL4ILE and TLIE (TL4ILE), on condition that the victim company and 1,526,90 won each month paid each month between 36 months and 36 months.

In accordance with the above lease agreement with the victim company, the defendant kept two above co-workss owned by the victim company. Around August 2016, the above D office sold two above co-mechanics equivalent to KRW 31,549,001 at the market price to the person whose name cannot be known with E’s main lines.

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

2. On November 3, 2015, the Defendant entered into a lease agreement with the victim Samsung Card Co., Ltd. on the condition that, at the above D office, the Defendant paid KRW 1,336,200 each month for the medium-sized machinery works with the victim company (a model name NR-700, No. 1,336,200 each month.

In accordance with the above lease agreement with the victim company, the defendant kept the above-mentioned work machinery owned by the victim company, and around August 2016, the defendant sold the above work machinery in the amount of KRW 29,427,093 at the market price to the person whose name cannot be known with E’s main lines at the above D office.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement statement made against F and C&A capital company;

1. Application of each statute on filing of a complaint;

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

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act provides that there is no record of criminal punishment for the defendant on the grounds of the same crime, and there was an agreement with the victim Samsung Card Co., Ltd., but the victim was agreed.

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