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(영문) 창원지방법원 2018.05.03 2017고합283
특정경제범죄가중처벌등에관한법률위반(횡령)
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Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around August 28, 2015, the Defendant: (a) purchased at least KRW 572 million from the victim I Co., Ltd. (hereinafter “victim”); and (b) purchased at KRW 52 million a unit of the processed machine (PM-26AS40; hereinafter “the instant machine”); and (c) made a purchase contract for KRW 52 million on the date of the contract; (d) paid at KRW 520 million on September 25, 2015; and (e) paid at KRW 520 million on September 25, 2015; and (e) received the instant machine as delivery on September 16, 2015; and (e) paid all remainder, until the remainder is paid, ownership of the instant machine belongs to the victimized Company (hereinafter “instant contract”).

The written indictment states that the defendant purchased the instant machinery from the victimized Company and entered into a sales contract for the reservation of ownership, but the sales contract of the instant machinery was concluded between H and the victimized Company (Evidence No. 27 of the Evidence Record).

While the Defendant paid KRW 497 million to the price of the instant machinery and paid the remainder of KRW 75 million to the Defendant, and kept the instant machinery for the victimized company under the instant contract, the Defendant stated that the Defendant sold the instant machinery at H plant located in the JJ around March 25, 2017, but the actual sales contract was concluded between the Defendant (P) and L (K) (Evidence). As such, the instant document was revised as amended (Evidence No. 81, 86).

I arbitrarily sold the instant machinery and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness M and N in the second trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against M;

1. A complaint, a certificate of all registered matters, a written contract for each item transaction, a quotation, a request for the payment of goods under a contract, a case of demanding the performance of a duty to pay the price of goods, a business registration certificate, and a statement of transactions of entering money; and

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