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(영문) 수원지방법원 여주지원 2014.09.15 2014고단52

횡령

Text

Defendants shall be punished by imprisonment for up to eight months.

However, as to the Defendants for one year from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

Defendant

B On May 24, 2012, the Suwon District Court has been sentenced to two years of suspension of execution in one year and four months of imprisonment for fraud, etc. at the Suwon District Court for the same year.

6.1. The judgment became final and conclusive.

Defendant

B On May 11, 2011, at the office of G Co., Ltd. of Defendant A located in Gangnam-gu Seoul Metropolitan Government, concluded a lease agreement with the victim New Capital Co., Ltd. and the leased object HH sports car as the principal of the lease amounting to KRW 71,683,260, 44 months, security deposit amounting to KRW 13,380,000, and KRW 1,631,001 per month of lease fee and kept the said car in custody from the victim on the same day.

Defendant

B, around October 201, while keeping a car as above, around the 201. Around the 201.m., Defendant A demanded that Defendant A pay the lease deposit, insurance premium, approximately KRW 15 million, and KRW 7 million, which Defendant A paid on behalf of the above B, provide the above vehicle as security and pay the debt with the money. In response, Party A4 prepared a written consent to the effect that “the above vehicle is offered as security to others, and the civil and criminal liability is borne by B,” and the said written consent was presented to Defendant A.

After all, Defendant A received the written consent, certificate of personal seal impression, etc. from Defendant B, and borrowed KRW 20,000,000 from Nonindicted Party B through the J in charge of the second class trading in Gangseo-gu Seoul Metropolitan Government I, and provided the above benz vehicle as security at the market price of KRW 66,90,000.

Accordingly, the Defendants conspired and embezzled the victim’s vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement to K;

1. A complaint;

1. Submission of a written estimate for investigation report;

1. Previous convictions of Defendant B: Criminal records and investigation report suspect B.