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(영문) 인천지방법원 2016.07.15 2016고정1027

횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court on December 16, 2015, and the said judgment became final and conclusive on March 19, 2016.

[2] On September 12, 2014, the Defendant: (a) entered into a vehicle lease agreement with the victim N (O) corporation (representative director) at the M office operated by the Defendant, which was operated by the Defendant around the Nam-gu Incheon Metropolitan City L and A-333; and (b) leased the PK5 passenger car (which is equivalent to KRW 18,543,636) from the victim and kept for the victim.

On January 2, 2015, in the French-gu Seoul Metropolitan Government (hereinafter referred to as Yeongdeungpo-gu) around February 2, 2015, a loan of KRW 2.2 million to a lender under his name and embezzled by providing the said car as security.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Investigation report (PK5 Vehicles Confirmation of their Location);

1. Previous convictions in judgment: Application of the search results of the case and the text of the judgment of two Acts and subordinate statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;