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(영문) 서울중앙지방법원 2017.03.30 2016고정4213

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A around May 2014, around the Seoul Central Central District of Seoul, entered into a lease agreement with the victim B-owned social service Korea Co., Ltd. and the victim B-owned motor vehicle. A, while operating the said motor vehicle by building it from the injured party, kept the funds for the injured party. As the rent was insufficient, A transferred the said motor vehicle to C with “the condition that C receive 13 million won from the balance and pay the rent on behalf of the third party” as “the debtor A and the guarantor C” as security in order to prepare the balance.

In collusion with C, around September 2015, the Defendant embezzled the above vehicle owned by the victim in a way of voluntary disposal by borrowing KRW 13 million from his name-free bond company at the coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul and providing the above vehicle as security.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect C by the police (including the part concerning the statement of offense);

1. Statement made by the police with regard to D;

1. Application of each Act and subordinate statutes to lease applications, a detailed statement of deposits, records of counseling, proof of details, and copies of the Motor Vehicle Registration Register;

1. Article 355 of the Criminal Act applicable to the crime, Articles 355 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;