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(영문) 부산지방법원 동부지원 2015.06.03 2014고단2238

횡령

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a person with no fixed occupation, and Defendant B is a restaurant employee.

Defendant

On October 14, 2013, A purchased a e-cub motor vehicle at the Hyundai Motor (State) Office located in Busan Northern District, which entered into a lease agreement with Hyundai Capital, and registered the said motor vehicle under the name of the Defendant A, and operated the said motor vehicle by establishing a collateral security to Hyundai Capital and acquiring the vehicle.

The terms and conditions of the lease agreement provide that "the ownership of the leased motor vehicle shall be owned by the financial company, and the customer shall only have the right to use the leased motor vehicle, and the customer shall claim that the motor vehicle is owned by the financial company if the third party claims the right to the motor vehicle, or if it is likely to infringe the ownership of the financial company due to preservative measures or compulsory execution,

Defendant

B The Defendant A provided the said vehicle as collateral and provided the said vehicle to Defendant A at the office of the second floor of the building in the building in the building in the Dongwon-dong, Busan, on January 28, 2014, and around January 28, 2014, the Defendants provided the said vehicle as collateral, and the Defendant used KRW 15 million out of the said loan.

As a result, the Defendants conspired to deliver the vehicle owned by the victim Hyundai Capital owned by the Defendant A to the KB MB MB for the purpose of arbitrarily securing the vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant provisions of the Criminal Act and Articles 355 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act for the suspension of execution (i.e., reflective points);