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(영문) 부산지방법원 2015.02.04 2014고단8875
횡령
Text

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who operated C Company in Busan Seo-gu B.

1. On February 24, 2011, the Defendant paid 2,470,147 won each month to the Mori-Poski PATRNN-300A4 at the market price owned by the victim and to the machine learning center (on its own representative H-400) equivalent to 50,000,000 won, and entered into a lease agreement with the Defendant for 36 months after paying 2,470,147 won.

While the Defendant kept and used the above machinery for the victim, on May 2012, the said machine learning center was disposed of to the non-standing used machinery and embezzled by taking a disposition of KRW 20 million on the non-standing used machinery.

2. On May 13, 201, at the same place as the preceding paragraph, the Defendant entered into a lease agreement with the Defendant by paying an installment of KRW 779,246 each month to CNC Line Co., Ltd. and the victim’s market price of KRW 30 million, and paying an installment of KRW 779,246 each month for 36 months. On May 19, 2011, the Defendant paid an installment of KRW 1,293,417 each month to the machine learning center (mah H-400) at the market price of KRW 50,000,000 each month for 36 months.

While the Defendant kept and used the above machinery for the victim, on June 2012, the said machine learning center was disposed of to the non-standing used machinery, and embezzled it.

3. Around May 31, 2011, the Defendant entered into a lease agreement with the Defendant by paying installment payments of KRW 2004,796 each month for 36 months at the same place as the preceding paragraph, and with respect to the CNC Line Co., Ltd. and the victim’s market price of KRW 77,50,000,000 per month, and with respect to the machine learning center (maH-400) of KRW 40,000 per month at the market price around March 7, 2012, the Defendant paid installment payments of KRW 1028,988 each month for 36 months.

The defendant shall use the above machinery for the victim.

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