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(영문) 서울동부지방법원 2013.07.03 2012고단2532
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 24, 2011, the Defendant entered into a partnership business agreement with D located in California (hereinafter “victim”) in California, a U.S., with E, a U.S., and received investments of USD 200,000 from E under the condition that 40% of the shares of the Victim Company are given to E. In addition, E was in charge of accounting as the vice president in charge of financial affairs. The Defendant decided to operate and manage the 39 professional finite finite finite finite finite (hereinafter “instant machinery”).

After that, as the relationship with E becomes worse due to bad profitability of the victim company, etc., the defendant drinked to close the victim company with E without completing settlement between E. On April 25, 2012, the defendant arbitrarily removed the instant machinery that was kept for the victim company for the purpose of the victim company, and embezzled it by shipping the instant machinery that was kept for the purpose of the victim company to the Orlland port through the truck and transporting it to the Busan Port of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. The scheduled shipping loading and arrival schedule for the Hanjin Shipping;

1. A contract for underwriting stocks and a written agreement between shareholders;

1. Application of statutes on each export declaration completion certificate;

1. The relevant legal provisions on criminal facts, Articles 365 and 355(1) of the Criminal Act regarding the selection of punishment, the machinery of this case was the only property of the victim company, and E is deemed to have invested USD 200,000 in the defendant, considering the property value of the machinery of this case, and the defendant would have invested in the amount of USD 200,000 in the defendant. If the defendant intends to discontinue his business of the victim, he would arbitrarily bring financial damage to E by carrying the machinery of this case into the Republic of Korea without permission of E, while he would have done so without permission of E.

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