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(영문) 서울남부지방법원 2015.09.15 2015고단2220
횡령
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 8, 2013, the Defendant: (a) was a person operating the “C” in Ansan-si, a member-gu, and (b) was embezzled by selling 15 million won or more to D without the consent of the victim on December 12, 2013, when he leased the “CNC monitoring ON-3V” from the victim FF Capital Co., Ltd. to KRW 25 million; (c) agreed to obtain prior consent of the victim at the time of transfer of the location C and the location of the installation; and (d) sold the machinery to C and kept it for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes, such as accusation and lease contract;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine for selective punishment (the amount of damage has not been so agreed or has not been recovered until now, but there are some circumstances to consider the process of the disposition, and the case seems to make factory business difficult due to this case, taking into account the fact that there are no other criminal records and criminal records of the same kind, in addition to one fine, and the fact that criminal facts are recognized and reflected).

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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