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(영문) 의정부지방법원 2017.09.18 2017고단820
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 20, 2017, the Defendant was sentenced to a suspended sentence of two years on August 1, 2017, for a violation of the Labor Standards Act in the Cheongju District Court’s Assistance, and the judgment became final and conclusive on February 1, 2017.

[20] On March 25, 2014, the Defendant entered into a lease agreement with the victim Co., Ltd. (ST-20) to pay rent of KRW 11,911,89 per month, with the lease period of 42 months for five of the five of the first half machinery, including the second half of the CNC Line (ST-20), the victim Co., Ltd. and the market price of which is equivalent to KRW 253,00,000,000, in Masan-dong, Masan-dong, Masan-dong, Chungcheongnam-do, Chungcheongnam-do, Masan-do, the above first half machinery shall not be arbitrarily disposed of as the owner of the victim before paying the lease fees.

Nevertheless, on November 23, 2015, the Defendant, who received and used the above half-way machinery for the victim, received 154,000,000 won from two of the above CNC Line (ST-20) machinery owned by the victim and embezzled it at his own discretion.

[2017 Highest 2171] On November 18, 2015, the Defendant sold the victim’s “Additional Loans” to the victim in the C office of the victim E management company located in Young-si, Seocheon-gu, Seocheon-si, Seocheon-si, Seoul. However, it is difficult for the Defendant to sell it because of the lease of two CNC lines owned by the FFC Capital Co., Ltd.

If the cost of KRW 154 million is received, the remaining lease fee of KRW 130 million will be settled, and the ownership will be transferred without any problem.

“A false statement was made to the effect that it was “.”

However, even if the Defendant received the payment from the injured party as above, the Defendant intended to use all remaining rent for the company’s operating funds without the intent to pay the lease fee for the second half of the ship owned by Filisung Capital Co., Ltd., and there was no ability to pay the remaining rent normally.

The defendant deceivings the victim as above and was delivered KRW 154 million as the price to the injured party on November 23, 2015.

Summary of Evidence

1. The defendant's person;

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