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(영문) 청주지방법원 2020.07.28 2020고단519

횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment with prison labor for ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

From July 2018, the Defendants were operating the “D gas station” in the Chungcheong-gun C from around 2018, and around August 7, 2018, the Defendants were to pay monthly rent of KRW 1,824,896 from the “D gas station” to the “D gas station for 60 months,” and the Defendant leased and received the FX5 car equivalent to KRW 99,70,000 in the market price of KRW 99,70,00 from the victim E company in the name of Defendant A.

Therefore, while the Defendants used and kept the said car for the victim, they borrowed 15 million won to the bond company under the name-free type of security at a place where it is impossible to know on September 2018 and borrowed 15 million won. From May 17, 2019, the Defendants refused to return the said car without justifiable grounds even if they received notification of the termination of the said lease contract and demand for return of the said car from the victim on June 17, 2019.

As a result, the Defendants conspired and embezzled the car owned by the victim.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement of the G production;

1. Application of the H Finance Application, the H Operation Lease Agreement, and the application of each content-certified statute;

1. Relevant provisions of the Criminal Act and Articles 355 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. Defendant B of a community service order: Article 62-2 (1) of the Criminal Act;