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(영문) 수원지방법원 안산지원 2015.07.03 2014고단2811
횡령
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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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who engages in mechanical sales business under the trade name of “D” in Si interesting City C.

On December 2, 2012, the Defendant mediated the Victim E to purchase KRW 121 million, including the additional tax, from “F Company” and agreed to sell the punch term when the purchaser of the punch term appears in the custody of the Defendant.

Nevertheless, around January 17, 2013, the Defendant: (a) sold the punch term in KRW 140 million between I and I operating the H company located in G in Sinung-si; (b) the sales proceeds are paid by I under a lease agreement with Effic Capital; and (c) I agreed I shall pay monthly lease payments to Effic Capital; and (d) in accordance with the agreement, I received KRW 132 million from Effic Capital around January 23, 2013, which is part of the sales proceeds, from Effic Capital and received KRW 100 million from Effic Capital; and (c) around that time, I lent KRW 10 million to I without the victim’s consent; and (d) KRW 30 million to the investor J as the principal of investment; and (e) embezzled KRW 2 million as the office expenses by voluntary consumption.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement made by E and I of the police investigation records concerning the accused;

1. Each remittance certificate (No. 1, 2) of the police statement protocol on E, goods sales contract (No. 21), tax invoice;

1. Lease contract, certificate of deposit transaction performance (K and No. 13), and statement of transaction by account (No. 15 No. 15);

1. Application of Acts and subordinate statutes to each investigation report (to attach a notification to implement a mechanical lease of effective capital, and to file a copy of a sales contract);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant concludes a lease agreement with respect to the punching period.

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