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(영문) 인천지방법원 2014.11.21 2014고단6738

횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 11, 2012, the Defendant: (a) followed the Jongno-gu Seoul Jongno-gu B building, and then, (b) was the victim F (51, (n) who wishes to obtain a loan by taking a security of 82 million won or more at her husband D’s market price; and (c) entts E300 vehicles (E) at her husband D’s market price.

The Defendant, through telephone communications with C, extended a loan to a maximum of KRW 25 million according to the vehicle conditions as security, without fixing interest, but provided a loan agreement with the victim to repay the loan after a week from the date of the loan, and notified the victim only that the victim would borrow KRW 25 million as security, and then, in order to open an account because the victim did not have an account to receive the loan, the victim sent the aforementioned key and loan documents, documents (D’s seal impression sheet, certificate of personal seal impression, resident registration certificate, etc.) to the above coffee shop, and then transferred the vehicle's key to the above vehicle, acquired the vehicle's possession, and returned the victim returned to the victim, and then remitted the amount of KRW 25 million to the account of the victim on the day.

On June 19, 2012, the Defendant embezzled the property owned by another person in his/her custody, by selling the said vehicle to G, who is a business entity of large 26 million won, after the community credit cooperatives in Dongdaemun-gu Incheon Metropolitan City, and then sold the said vehicle to G, who is a business entity of large bitr, in order to fully pay his/her debt, by means of de facto keeping the vehicle, which is a collateral for the loan.

2. Any person who violates the Act on Registration of Credit Business, etc. and Protection of Finance Users shall register his/her business with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the Mayor/Do Governor, provided F with a loan of KRW 25 million to F, thereby running a unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor’s statement with respect to F.