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(영문) 인천지방법원 2017.01.12 2016고단7328
횡령
Text

A defendant shall be punished by imprisonment for 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 a person who operated “C”, a supplier, in Seo-gu, Seo-gu, Incheon.

Around May 9, 2012, the Defendant entered into a lease agreement with the victim FF Capital Co., Ltd. to the effect that “FFF 45 million won, KRW 48 months for the lease period, and KRW 11.26,248,000 for the principal interest,” and around that time, the Defendant received two groups of CNC lines (4.5 million) owned by the victim and used the lease monthly and paid the lease fees for the victim, while continuing its operation at around July 201 through August of the same year, 2013, when the management of the said company was difficult due to the shortage of funds kept in the said factory for the victim, and sold the said CNC lines owned by the victim to the seller of the above plant without prior notification or consent from the victim, and at the same time, sold the leased amount to the seller of the above CNC to the first 20,000 won for a period of two months or more (20,000 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 고소장, 상환 스케쥴, 리스 계약서 법령의 적용

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment ( comprehensively referred to as imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Jan. 1, 201);

1. The community service order under Article 62-2 of the Criminal Act;

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