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(영문) 창원지방법원 2018.07.05 2016고단3174 (1)
횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

around July 26, 2013, the Defendant paid KRW 1,396,476,225,101 each month between July 26, 2016 and July 26, 2016, and paid KRW 1,396,476, 1,225,101 each month between 36 months and 36 months until July 26, 2016, the Defendant concluded a lease agreement on the condition that the ownership of two above half line should be reserved for the victim.

Nevertheless, around March 28, 2015, the Defendant embezzled two parts of CNC Line (HI-TH, S310N09) owned by the victim at the above location (HI-TH, S310N09) under the pretext of voluntary transfer to a trade partner who is located in Changwon-si for debt repayment equivalent to KRW 22 million.

"2016 Highest 4017"

1. On July 26, 2013, the Defendant paid KRW 44,00,000 in total, and KRW 1,135,865 in each month between the maturity date and July 26, 2016, the Defendant concluded a lease contract with the victim, under the condition that ownership of the said machinery is reserved by the victim.

2. On May 30, 2014, the Defendant paid KRW 40,000,000 in total, and KRW 1,082,767 each month between the maturity date and May 30, 2017, on the condition that the ownership of the said machinery is reserved by the victim, the Defendant entered into a lease contract with the Korean Capital Capital Co., Ltd. (HI-TECH200A) on one of the CNC lines (HI-TH200A).

3. On July 16, 2014, the Defendant paid KRW 48,00,000 in total, and KRW 1,374,980 each month between the maturity date and July 16, 2017 and the 36-month period between the Defendant’s office of “C” and the Defendant’s office of the said “C,” and the Defendant’s office of the said machinery as to one machine mining center (AJV32/605).

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