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(영문) 대구지방법원 2018.03.08 2017고단4491

횡령등

Text

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

Reasons

Punishment of the crime

[Criminal record] On November 14, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court on November 14, 2013 and completed the execution of the sentence at the Daegu Prison on September 22, 2014.

[2] On February 2016, 2016, the Defendant: (a) discovered that he/she was a lessee of DW 530D motor vehicles leased in the name of the head of the Si/Gun/Gu in charge of the settlement of disputes; and (b) through E, he/she would instead pay the lease fee for the period if he/she did not find a lessee or to find a lessee.

“Around that time, the said motor vehicle was transferred to the Defendant’s debt of KRW 15 million against F in the B, which was kept on behalf of the victim company, after having been transferred the said motor vehicle owned by the victim IMW Korea Co., Ltd., Ltd., on February 2, 2016, in order to repay the Defendant’s debt of KRW 15 million to F.

Accordingly, the Defendant embezzled a vehicle equivalent to KRW 90 million at the market price owned by the victim company.

On June 16, 2016, the Defendant extended KRW 15 million to the VictimJ that he/she became aware of in the Daegu Suwon-gu G, Daegu-gu around June 16, 2016, and offered K ASEAN car as security to the victimJ that he/she borrowed KRW 15 million.

In the event that a person pays the money, he/she shall pay the money to the person who pays the money, or the person who pays the money to the person who pays the money.

“.....”

However, the fact is that the above car is a car leased by the defendant from the rental car company called the "F.S. T.S. F. L.S. L.S. Co., Ltd. Co., Ltd.", and there was no right to normally offer it as security to the victim. At the time, the defendant did not have any particular property or income, and there was no intention or ability to pay it even if he borrowed

The defendant deceivings the victim as above, and 12 million won from the Busan Bank account (Account Number: N) in the name of L company M used by the defendant from the victim, and 3 million won from the I Agricultural Account (Account Number:O).