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(영문) 수원지방법원 2018.05.17 2017고단8180
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual operator of C Company B, which is in harmony B.

On May 23, 2014, the Defendant: (a) purchased 47,300,000 won the cost of acquiring 17,300,000 Korean Capital Co., Ltd. and CNC Line (PUMA-240A); (b) drafted a contract for facility lease under the condition that the Defendant would pay 1,218,538 won during the contract period; and (c) purchased 8 parts of the equipment from March 23, 2015 to March 23, 2015, and kept it in the said C Company for the sake of the victim.

During that period, Defendant 1 paid only KRW 255,983,737 out of the lease fees for KRW 321,60,000 of the above lease machines and did not pay the remainder of KRW 128,852,541 among the lease fees for KRW 321,60,00,000, Defendant 2 corrected the following: (a) one line line of CNC (PUMA-240A) from October 2016 to February 2017; and (b) one line of CNC (PMA-240B as it is a clerical error in the indictment) from October 2016 to February 2017.

The sum of the acquisition cost of 16,7850,000 won, such as 1st, 2nding (HMT-1100), 1sting (HL460-100) and 1string (HL460-100) were sold and embezzled at will by a company selling used machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaints of Korean Capital Companies;

1. Application of Acts and subordinate statutes to investigation reports (investigation into four types of machinery occupied and relocated), investigation reports ( telephone conversations between a complainant's agent and correction of crime sights);

1. The pertinent legal provisions on criminal facts and Article 355(1) (including the case) of the Criminal Act regarding the choice of punishment are deemed to have concluded a lease contract between the defendant and the victim by machine, and the victim manages the lease contract for each machine as a separate contract number.

However, on December 22, 2015, the Defendant appears to have entered into a lease contract with others when accepting machinery collectively from others. The other contract terms are the same except installment payments established with respect to mechanical items and values, the victim is identical to Korean Capital Co., Ltd., and the Defendant was in the order of the foregoing machinery that the Defendant experienced financial difficulties.

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