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(영문) 서울중앙지방법원 2016.04.14 2015고단4971

횡령등

Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A: (a) around March 2014, at the F office operated by the victim B in Seoul Gangnam-gu Seoul E building No. 402, Defendant A introduced a person who wants to borrow a vehicle as security to the victim; and (b) the vehicle offered as security is leased to a third party and divided the proceeds therefrom.

Now, consent was received by proposal.

The Defendant loaned KRW 12.5 million to G around March 19, 2014, and embezzled KRW 122,700,000,000, in total, from that time until May 15, 2014, as shown in the list of crimes (1) as shown in the separate sheet of crimes, while the Defendant leased one of the IMW passenger vehicles owned by the Korea Ltd. Korea Ltd., which was offered as security by the Defendant, to G and returned the said vehicle to G, received repayment of KRW 12.5 million, and was kept for the victim.

2. While the Defendants were not allowed to provide or rent a motor vehicle, other than a motor vehicle, for commercial purposes, for commercial purposes (hereinafter “private car”), the Defendants conspired to lease a private car and lease it to a third party and to have profits therefrom divided.

On March 19, 2014, the Defendants loaned KRW 12.5 million to G at the F Office of the said Co., Ltd. Around March 19, 2014, the Defendants offered one of the HMW car owned by the Korea Co., Ltd., as security, and leased the said car at a cost of seven times from that time to May 15, 2014, including that the lease contract period from March 19, 2014 to April 18, 2014; and that the rent is set at three million won from March 19, 2014 to May 15, 2014.

Accordingly, the Defendants conspired to lease private cars for compensation.

(i) the evidence;