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(영문) 서울동부지방법원 2016.04.27 2015고단3364
업무상횡령
Text

Defendant

A Imprisonment with prison labor for four months, for six months, for six months, and for one year, for Defendant C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

B is a person who was the representative director of (State)G from July 3, 2012 to March 27, 2015; Defendant A is a director of the said company from July 3, 2012; Defendant C is a person who was actually operating the said company with Defendant B and Defendant A at the time of the instant case.

1. The Defendants jointly committed the crime committed by the Defendants: (a) around August 1, 2012, the Plaintiff entered into a lease agreement with the victim Oral Capital in Gangnam-gu Seoul and 1908 [the Plaintiff at the time of the instant case (hereinafter “Korea LABF”) with respect to 15 electronic displays equivalent to KRW 89,910,00 in total; (b) the lease period of 38 months; (c) monthly rent of 27,960,80 in total; and (d) when the lease period is terminated after the Defendants’ operation of the said electronic displays was transferred; and (e) while the Defendants kept the said electronic displays on behalf of the victim while conducting the advertising business and selling the electronic displays at will from March 21, 2013 to June 14, 2017, the Defendants refused to arbitrarily sell them from the time of the instant lease agreement, as well as from the time of the sale of the electronic sign boards to the time of the BBFD, or refused to sell them.

Accordingly, the Defendants conspired and embezzled the victim's property.

2. The Defendants, as indicated in paragraph 1, sold six electronic display boards among the 15 electronic display boards, and kept the remainder electronic display boards on behalf of the victim. On August 1, 2014, the Defendants arbitrarily sold 9 electronic display boards of building in paper to the ro-learning shots from that time until December 31, 2014, or rejected the return thereof.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. A list of contracts for leasing facilities and articles for the leasing of facilities;

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

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