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(영문) 인천지방법원 2019.08.13 2019고단1550
횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2019 Highest 1550] The defendant was a person who was engaged in the manufacturing industry under the trade name of "C" in Seo-gu Incheon Metropolitan City.

On July 12, 2013, the Defendant entered into a lease agreement with the victim D’s employees and two machine learning centers equivalent to the market value of KRW 240 million (205,912,010,000,000,000) at the above C office (hereinafter “the remaining principal”) at the above C office, with the lease term of KRW 48 months, interest rate of KRW 5.8%, contract bond of KRW 60,000,000, and kept two of the above machine learning center for the victim company.

At around 2014, the Defendant transferred two of the aforesaid machine learning center to a person who has no name but to a person who has lost his/her name.

Accordingly, the defendant embezzled the victim's property.

[2019 Highest 3427] The Defendant is a person who operated a chemical machine manufacturer in the name of “C” in the name of “B” in Bupyeong-si, Bupyeong-gu, Busan, and the victim F is a representative of “G”, which is an enterprise that operates the chemical machine manufacturer in the name of “C.”

On March 30, 2013, the Defendant stated that “The Defendant would settle the price at the time when it comes to the chemical tank work” to the victim at the above “C office.”

However, the defendant did not have the intention or ability to pay the price even if he was provided with doping services from the victim.

Nevertheless, the Defendant, from that time until October 31, 2013, had the victim perform the doping work on the goods produced by “C” in the same manner eight times in total, as shown in the attached list of crimes, and did not pay a sum of 23,661,00 won.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

[2019 Highest 3614] The Defendant was a person who was engaged in the manufacturing industry under the trade name of “C” in Seo-gu Incheon Metropolitan City.

On November 27, 2012, the Defendant, at the above “C” office around November 27, 2012, as to the victim H and machine learning center (2009 model name VF-3), with the leased principal of KRW 75 million and the lease term of KRW 36 months.

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