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(영문) 부산지방법원 2016.10.07 2016고단2711
횡령
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has operated (ju) Doz with the purpose of manufacturing aluminium such as dynasium, etc. in Gyeongbuk-si, Gyeongbuk-si.

On February 19, 2014, the Defendant entered into a contract with the victim BNK Capital Co., Ltd. to lease five (60,000,000 won per unit) of the mechanical presses (60,000 won per unit) owned by the victim from the victim as lease deposit for 50,00,000 won, monthly lease fee for 7,86,333 won, and lease period for 36 months, and thereafter, the Defendant kept the victim in custody around that time.

On April 9, 2015, the Defendant entered into a contract with E to sell 4,00,000 won a total of 204,000 won out of the above mechanical presses at will, on the same day, through the Busan Bank account (F) in the name of the Defendant, and on June 19, 2015, remitted 154,00,000 won for the remainder through the above account under the pretext of contract deposit, and around that time, delivered 4,00,000 won to E.

Accordingly, the defendant embezzled the property stored for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A complaint;

1. Application of Acts and subordinate statutes to investigative reports (detailed statement of sales proceeds, hearing of the statement by the complainant's representative G director, specific purchaser of press machine, submission of suspect data);

1. Relevant Articles 355(1) and 355(1) of the Criminal Act concerning criminal facts, the selection of fines (it shall be considered that there is no record of a crime exceeding a fine, the circumstances leading to the crime, the agreement with the victim, and the reflection, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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