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(영문) 인천지방법원 2016.04.21 2016고단50
횡령
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, together with C, was a person who operated the Eception Bank on the Nam-gu Incheon Metropolitan City D and the second floor.

Around May 2014, the Defendant and C were supplied with goods equivalent to KRW 170,967,200, GH 320,000, including 118 units, from the F, INSK 120 ( servers), HP 400G1-760 (this body), GHH 320, 118 units, etc., and on June 27, 2014, the Defendant and C concluded a lease contract with the victim Non-NN Capital Co., Ltd. and the said goods in the EP bank with KRW 301,496,000, including the deposit money, and agreed to pay KRW 6,419,80 each month for 36 months, and had the said goods kept in custody for the victim under the said lease contract.

1. On September 1, 2014, the Defendant borrowed KRW 18 million from I in Yongsan-gu Seoul, Yongsan-gu, Seoul, and embezzled the goods of KRW 41,839,119, at his/her own discretion, including KRW 30, GHHHEK 400G1-760 (this body) under custody for the victim company.

2. On September 27, 2014, the Defendant, in collusion with C, borrowed KRW 12.2 million from those who were not aware of the name in the above EP bank, and embezzled goods of KRW 27,92,746, including KRW 20, GHH 320, and KRW 20,000, which were kept in custody for the victim company.

3. Around August 2015, the Defendant received KRW 101,235,335,00 and embezzled goods worth KRW 7 million, including INDSK 120 ( servers), 400G1-760 (main body), 68, and GHH320LHDH (Monitoring) 68.

Summary of Evidence

1. The respective legal statements of the defendant and the joint defendant C

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made to K in the police statement;

1. Facility lease contract, business registration certificate, and business partnership contract;

1. The application of Acts and subordinate statutes to investigation reports (Hearing statements by a complainant's representative), investigation reports (h hearing statements), investigation reports (record recording and recording reports);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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