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(영문) 서울남부지방법원 2016.10.14 2015고단2744

횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On June 11, 2014, the Defendant was sentenced to two years of imprisonment by the Seoul Western District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) and the judgment became final and conclusive on January 29, 2015. On April 9, 2015, the Seoul Western District Court sentenced six months of imprisonment with prison labor for special larceny at the Seoul Western District Court on June 26, 2015 and the judgment became final and conclusive on June 16, 2015. On June 16, 2015, the Seoul Southern District Court sentenced two years of suspension of the execution of eight months of imprisonment with prison labor for a crime of false entry in the authentic copy of the authentic deed at the Seoul Southern District Court on October 9, 2015, and on July 8, 2016, the judgment became final and conclusive on July 16, 2016.

【Criminal Facts】

On December 20, 2012, the Defendant entered into a car lease agreement with the victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) located in Gangnam-gu Seoul, Seoul on December 20, 2012 on the condition that “one car of D Co., Ltd. equivalent to KRW 107,400,000 at the market price of the victim Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) owned by the victim Co., Ltd. (hereinafter referred to as “Co.”), one car of D Co., Ltd. (hereinafter referred to as “Co.”), each of which was delivered the said car on the condition that “The rent of each month is KRW 2,496

While the Defendant entered into a lease agreement as above and kept the said AD A8 car for the victim company, on June 3, 2013, the Defendant: (a) found two AD car provided by the borrower as a security for the repayment of the loan from the lender on his/her name in the name-free shop in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul on June 3, 2013; and (b) instead, provided the said borrower with the said AD A8 car for the purpose of collateral on behalf of the borrower on his/her name.

Accordingly, the Defendant embezzled the property of the victim company.

"2015 Highest 3232"

1. On August 9, 2012, the Defendant: (a) around Seocheon-gu E-gu, Seocheon-gu, Seoul; (b) the victim F is running a new construction and sales business of H lending in Seocheon-gu, Seocheon-gu; (c) the Defendant borrowed KRW 195,000,000 from the business fund to receive the full amount of the loan upon completion of construction.