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(영문) 창원지방법원 2013.08.28 2013고단738
횡령
Text

Defendant

A Imprisonment with prison labor for six months, and for two years and six months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

B and Defendant A, from April 201 to November 201 of the same year, concurrently operate the corporation E in Kimhae-si, and Defendant B, from the beginning of November 201 to the beginning of the same year, independently operates the said corporation.

[2013 Highest 738, Defendants]

1. On June 10, 201, the Defendants entered into a lease agreement with the victim Korean Capital Co., Ltd. and the CNC Line Co., Ltd. (KIT30 1, and KT15 2) equivalent to the total market value of KRW 50 million in the office of the above Co., Ltd., and took over and used it for 36 months. On June 201, the Defendants received 35 million in total from the office of the E Co., Ltd. and disposed of 15 million on the part of the above machinery among the above machinery in excess of the market value of KRW 35 million from the office of the E Co., Ltd., Ltd., with the mind of mind.

Accordingly, the Defendants conspired and embezzled the victim's property.

2. Around July 5, 2011, Defendant B entered into a lease agreement with five (50,000,000,000 won in total) of the CNC Line of the FNC Co., Ltd. (100, SK 160A, 160A 1, KIT 4503) at the office of the FF Co., Ltd., Ltd., and took over and used the lease agreement with 36 months. On May 5, 2012, Defendant B received five (5) of the said machinery from the first patrol Co., Ltd., Ltd. to the upper parts of the machines with no name KRW 48 million and arbitrarily disposed of the said machinery.

Accordingly, the defendant embezzled the victim's property.

[Defendant B]

1. On February 7, 2012, the Defendant: (a) entered into a lease agreement with the victim FFF Capital Co., Ltd., Ltd., and embezzled the above three parts of the machinery on July 20, 2012, while taking over and using it for the victim, at the office E, he/she received three parts of the said machinery from the victim FF Capital Co., Ltd., with a monthly lease fee of KRW 1,893,215, and the contract term of KRW 36 months; and (b) embezzled it by taking a discretionary disposition from the victim FFF on July 20, 2012.

2. Embezzlements against ST-200.

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