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(영문) 창원지방법원 밀양지원 2016.11.24 2016고단455

횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On June 2, 2006, the Defendant was sentenced to seven years of imprisonment for robbery, injury, and violation of the Road Traffic Act in the Cheongju District Court Support on January 25, 2013, and the execution of the sentence was terminated by the Seoul Southern Prison on January 25, 2013. On October 23, 2015, the Defendant was sentenced to four years of imprisonment with prison labor in the Busan Southern District Court for the violation of the Act on the Control of Narcotics, etc. (fence) and is currently serving in the smuggling Detention House as of January 28, 2016.

1. Around January 9, 2015, the Defendant: (a) entered into a lease agreement with the victim (the main owner) Woman and Crost vehicle at KRW 36 months; (b) 627,500 per month; and (c) took custody of the vehicle; (b) borrowed KRW 670,000 from his/her name in an irregular site not exceeding Daejeon around June 2015; and (c) embezzled one vehicle at the market price of KRW 25,350,00,000, which is the victim’s ownership.

2. Around April 13, 2015, the Defendant entered into a lease agreement with D as if he/she would normally pay the lease fee of KRW 633,590 per month for 60 months of the lease term to the social service Korea (main) staff in charge of the victim Alpha and FM7 vehicles at the E farming association office located in Incheon Gyeyang-gu Incheon Metropolitan City.

However, at the time, the Defendant did not have any particular income, and the E-agricultural cooperative that was registered as a director did not purchase or sell at all, and the credit was not good while carrying out the DD business, so there was no intention or ability to pay the lease fee normally.

The Defendant, by deceiving the victim as above, had the victim pay KRW 32,055,350 as the vehicle price to Samsung Kim Jong-po Agency, and acquired the above vehicle by receiving the same amount as the vehicle price.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint, statement, an application for vehicle lease financing, an automobile lease financial agreement, an automobile registration certificate, content certification, terms and conditions of automobile lease, and claims subject to the base date of compulsory termination;