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(영문) 대전지방법원 2016.08.12 2015고단2174
횡령등
Text

Defendant

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

Defendant

Of the facts charged against A, the embezzlement and the defendant B are acquitted.

Reasons

Punishment of the crime

Defendant

A served as the representative director of the F Co., Ltd. (hereinafter referred to as “F”) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

F entered into a contract on January 1, 2012 with the victim G Co., Ltd. and the victim was installed in the F factory at the time. However, on June 19, 2013, the Daejeon District Court filed a civil suit seeking payment of construction cost, etc. under the above contract from the victim on the ground that the agreed price was not paid, and on October 17, 2014, the Daejeon District Court entered into a civil suit with the 12th Civil Division of the Daejeon District Court, “F” with the content that “F shall deliver to G Co., Ltd. the main body, 4 years of age and 100 of age and 100 of age and 4 years of age and 100 of age and 4 years of age and 100 of age and 100 of age and 4 years of age,” which is installed within the F plant located in the Hasan-Gun E (PRS-40-I).

Defendant

A, upon the completion of the adjustment order to deliver Erheat cooking and destroyed facilities to G Co., Ltd. as above, A knew that there is a concern for compulsory execution against it, and subsequently moved all of Erheat cooking and destroyed germs to a warehouse located in Y in Y in Y in the F plant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around November 2014 for the purpose of evading it.

Accordingly, Defendant A concealed property for the purpose of evading compulsory execution.

Summary of Evidence

1. Partial testimony of a witness I;

1. Part of the protocol of examination of the witness to the J of this Court;

1. Statement to K in the police statement protocol;

1. Entry in the letter of complaint filed by K Preparation;

1. In each protocol of conciliation or protocol not to deliver tangible or intangible movables;

1. Application of the Acts and subordinate statutes stated in the investigation report (report on confirmation of the fact of the secretary);

1. Relevant Article 327 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of recommended punishment) are the basic area (six months to one year).

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