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(영문) 서울중앙지방법원 2016.05.25 2015고단7636

횡령등

Text

The defendant shall be punished by imprisonment with prison labor for not less than 4 months for each of the crimes set forth in the first and second judgment, and imprisonment with prison labor for not less than 2 months for each of the crimes set forth in the judgment.

Reasons

Punishment of the crime

[2] On July 26, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for embezzlement at the Seoul Central District Court and the judgment became final and conclusive on October 11 of the same year. On January 5, 2016, the same court sentenced two years and six months (one year of imprisonment with prison labor for part, and one year and six months for the remainder) to imprisonment with prison labor for fraud, etc. on February 11, 2016, and the above judgment became final and conclusive on February 11, 2016: Provided, That the Defendant was sentenced to two years of suspension of the execution on June 11, 2010, before each of the crimes of this case was committed by the Defendant on June 11, 2010, with prison labor for six months from the Sungnam Branch Branch Support

6. The crime for which judgment became final and conclusive on October 11, 201 is committed before the final and conclusive judgment on June 29, 2012, among the criminal records as stated in the judgment, which was committed before the final and conclusive judgment on June 29, 2012. Some of the crimes for which judgment became final and conclusive on February 11, 2016 were committed before the final and conclusive judgment on June 19, 201, and the remaining crimes were committed before the final and conclusive judgment on June 29, 2012, and on June 29, 2012. Thus, it constitutes a case where a judgment cannot be rendered simultaneously with each of the crimes listed in the judgment in this case.

[2015 Highest 7636]

1. On December 20, 2012, the Defendant: (a) requested a victim D (the victim’s name) to provide an installment loan to purchase a vehicle in the name of the victim by applying for an installment loan to purchase the vehicle under the victim’s name; and (b) again borrowed money from a third party as collateral on or around December 21, 2012; and (c) purchased E UAD A6 car under the victim’s name with a loan of KRW 29,90,000 from Hyundai Capital Co., Ltd. to purchase the vehicle under the victim’s name; and (d) provided the said vehicle as collateral from around December 24, 2012 to the bank in the name of the victim; and (e) received the loan from Hyundai Capital Co., Ltd. to the bank of KRW 1,250,000 from around December 24, 2012 to the bank of KRW 1,250,000,000 from the victim’s name-based loan to the bank of KRW 212.