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(영문) 창원지방법원 마산지원 2015.04.08 2014고단1140
횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2011, the Defendant: (a) concluded a contract with the victim Co., Ltd. to lease the two CNC lines (PUMA-240B, LYX-220A) from the two capitals to KRW 36 months, monthly rent of KRW 2,389,960; and (b) embezzled the two CNC lines of the above CNC lines to E on June 7, 2013 while keeping the two for the victim, around June 7, 2013, the Defendant embezzled the two CNC lines of KRW 61 million (PMA-240B) to E at will.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A report on investigation (Attachment to details of trading);

1. Application of Acts and subordinate statutes to a lease contract copy, a written estimate, and a tallying report;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 20 million won for the victim's remaining debt, and considering the fact that the victim's debt to the victim is worth KRW 20 million);

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