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(영문) 청주지방법원 2016.06.09 2015고단1670

횡령

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2015, the Defendant: (a) entered into a car lease agreement with the employees E of the Victim’smerz comprehensive financial securities company and Fridi A6 in the name of the said company at the office of “C” operated by the Defendant, a considerable amount of Cheongju-si, with a monthly lease fee of KRW 1,189,70,000, with respect to vehicles owned by the victim Company E and Fridi A6 in the name of the said company; and (b) received the said vehicle from the victimized person.

While the Defendant used the above vehicle and kept it for the victim, on April 11, 2015, delivered the above vehicle to the Company G as a collateral for his/her own debt at a 51 million won or less market price at an influence place.

Accordingly, the Defendant embezzled the above vehicle owned by the victim.

2. On March 4, 2015, the Defendant: (a) entered into a car lease agreement with the said E and the said victim’s Hu Q5 vehicle in the name of the said Plaintiff’s office at KRW 48 months of contract period; (b) KRW 19,75,000 per month; and (c) received the said vehicle from the injured party.

The defendant used the above vehicle and kept it for the victim. On May 2015, the defendant transferred the above vehicle to the creditor I as a collateral for his/her own debt, which is equivalent to the market value of 65,400,000,000 won in the street located in the Heung-gu Ho-dong, Youngdong-gu, Young-gu.

Accordingly, the Defendant embezzled the above vehicle owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and I;

1. A copy of each contract for lease of motor vehicle facilities and a copy of each motor vehicle registration certificate;

1. Application of Acts and subordinate statutes to copies of the principal and interest received;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;