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(영문) 수원지방법원 여주지원 2015.03.09 2014고단653
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual representative of the Co., Ltd. and is the director of the Co., Ltd. and uses the director of the Co., Ltd. Co., Ltd. and the general administrator of the E-Packing Co., Ltd. subcontracted to the Co., Ltd. in the Co., Ltd.

Around November 1, 2012, the Defendant: (a) set the cost of construction of the subcontracted package work from November 1, 2012 to December 3, 2012; and (b) re-subcontracted the subcontracted construction work from November 1, 2012 to December 1, 2012; (c) paid the victim’s construction cost to the Defendant’s head of the Tong in the name of the Defendant’s wife; and (d) paid KRW 79,40,000 to KRW 48,522,00 at will around that time.

Accordingly, the defendant embezzled the victim's property.

Around March 31, 2013, the Defendant entered into a vehicle rental agreement with the victim New LGGC Co., Ltd., and HG7 automobiles (15,500,000 won at the market price) owned by the said company with respect to the lease period from March 31, 2013 to September 30, 2013 (6 months), and the lease fee of KRW 80,000 per month.

After the conclusion of the above vehicle rental contract, the Defendant embezzled the said vehicle as security by borrowing KRW 4,30,000 from the I operating the pawne in the front of the private casino in the Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun on February 23, 2014, while driving the said vehicle for the victim.

Summary of Evidence

"2014 Highest 653"

1. Defendant's legal statement;

1. A complaint, electronic tax invoice, and certificate of confirmation;

1. Statement of the police statement of F "2014 Senior 891";

1. Defendant's legal statement;

1. A complaint, a business registration certificate, a motor vehicle registration certificate, and a vehicle rental contract;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes indicating market prices;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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