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(영문) 수원지방법원 2014.10.15 2014고단3139
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, from the date when this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operated E in Nam-gu Incheon Metropolitan City from April 201 to November 25, 2013, and Defendant B is a person who leased a site within a E factory from August 201 to September 2013 and operated F.

1. Around September 29, 2011, Defendant A entered into a lease agreement with the victim non-SP Capital Co., Ltd. and the market value of which amounting to KRW 157 million in total (the model name: S-200i5A), one medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium

Around May 2013, the Defendant, as seen above, sold 5 machinery, such as a typesetting machine, on the part of the victim’s company, at around 30 million won, while keeping and using a typesetting machine, etc. for the victim company.

As a result, the Defendant embezzled the scambry type, etc., which is the property of the victim company.

2. When Defendants A could no longer conclude a lease agreement under their own name by concluding a multiple lease agreement as mentioned in the above paragraph (1), Defendant A entered into a lease agreement with Defendant B, and Defendant B entered into a lease agreement with Defendant B on January 10, 2012 for Defendant A who entered into the said lease agreement with Defendant A, and Defendant B received the said lease agreement with the victim NonS Capital Co., Ltd. and the market price of the instant E on January 10, 2012 at KRW 4,542,063, and the lease period of KRW 36 months, and the Defendants received the said SE-30D.

Defendant

A, while having kept and used the victim company's shot-type equipment, etc., he/she proposed that the defendant B sold the four above shot-type equipment to use them as operating funds, and the defendant B consented thereto and around August 2013, the above shot-type four shot-type equipment on the part of the defendant's shot-type equipment on the part of the defendant company.

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