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(영문) 의정부지방법원 고양지원 2016.06.10 2015고합23

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendants shall be punished by imprisonment without prison labor for eight months.

However, from the date this judgment becomes final and conclusive, each of the above punishments shall be executed for two years.

Reasons

Punishment of the crime

Defendant A, “2015 Gohap23,” is a person who operates a lending company under the trade name of “G” from 801 of the Dong-gu Seoul Metropolitan City F building 801. Defendant B is a person in charge of business and counseling at that place.

Defendants from February 2012 to February 2012, 201

5. In lending money from the above G office to H, the victim U.S. car 12 cars in the aggregate amount of KRW 1,130,200,000, which is the market value of the company in charge of the resolution of the dispute settlement of halog Korea listed in the attached Table of Crimes (1) was offered as security, and the victim LA car in the attached Table (2) No. 2 through No. 4 of the annexed Table of Crimes was offered as security among April 2012, the victim LA car 3 cars in the aggregate of KRW 322,50,000, which is the market value of the company in charge of the resolution of the dispute settlement of halog Korea, was provided as security.

In such a case, the Defendants engaged in the lending business had a duty of care to verify whether they were stolen by examining well the ownership of the said car, the background leading up to H holding the said car, and whether H has the right to provide the said car as security.

Nevertheless, the Defendants neglected the above care and neglected the judgment on the stolen water, but acquired stolen goods by being provided as security by negligence.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each statement of the witness I, J and H in the trial records of the third through five times;

1. The statement made by the defendant B in the police interrogation protocol (No. 3, 5, 61 No. 50) against the defendant B and H

1. Statement made by the prosecution with regard to I;

1. Statement made by the police to J;

1. Written statements prepared by the J;

1. Summary order (Article 2012 Goyang Branch Court 2012 Goyang Branch Court 7263) and the text of the judgment (Article 2012 Goyang Branch Court 2012 Goyang Branch Court 1862, Goyang Branch Court 1862);

1. Each e-mail output, each registration certificate, each vehicle registration certificate, loan-related documents, vehicle list, business registration certificate, vehicle price list, vehicle price list, vehicle price list, loan-related documents, details of the loan-related documents, and the bank account list in the name B shall apply