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(영문) 부산지방법원 2012.10.23 2012고단6731
횡령
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From around August 1994 to August 2008, the Defendant leased equipment and sold parts during the construction with the trade name of Busan Seo-gu C.

On May 14, 2007, the Defendant: (a) stated that “The Victim E purchased one unit of the fork to lease for three (3) years per week; and (b) made the Victim E purchase of one unit of the vehicle at the time of the expiration of the lease period, and then made a disposition as to whether the fork to lease the vehicle was returned and made a payment in money; and (c) received this case from the Victim E.

In addition, around February 14, 2008, the victim had the victim purchase 1 vehicle equivalent to 25 million won in the same manner from the sales store of equipment in the Gyeongnam Kim-si, Kim Jong-si in the same manner, and received this case.

The Defendant leased each of the above vessels to a freezing warehouse operator whose name is unknown, but the freezing warehouse operator recovered the said vessel on April 2009, when the said vessel was defaulted.

On the same day, the Defendant, while keeping each of the above for the victim, sold the sales price of KRW 12 million to the person whose name is not known at Jeju “F” in mind, and embezzled it by using the purchase price to pay his personal debts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of Part II of the loan agreement for installment financing;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., confession, agreement, relationship between the defendant and the victim, details of the crime, etc.);

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