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(영문) 의정부지방법원 2016.06.01 2015고단5015

횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 2014, the Defendant lent KRW 27 million to the victim C and received D H2 vehicles from the victim as collateral.

While the Defendant kept the said vehicle on behalf of the victim, on October 2014, the Defendant sold the said vehicle to G at the “F” conference located in the “F” conference located in the Government of the Republic of Korea, in mind, for 27.6 million won.

2. The Defendant had sold at will a vehicle owned by C registered in the name of H as above, and had the purchaser transfer registration in the name of G.

On October 20, 2014, the Defendant: (a) had K, who is aware of the fact, enter “H”, “L”, “L”, and “M of Gangseo-gu Busan Metropolitan City (hereinafter omitted) in the registration number column of the former owner of the application form for the registration of transfer using a computer; (b) had K enter “H” and “H” in the registration number column of the former owner of the application form for the registration of transfer by means of the computer; and (c) print the form of the vehicle transfer certificate (motor vehicle dealer transaction) form “H” and “M of Gangseo-gu Busan Metropolitan City (hereinafter omitted); and (d) affix his seal on the above vehicle transfer certificate form (motor vehicle dealer transaction) form “H” and “H” and “M of Gangseo-gu Busan Metropolitan City (hereinafter omitted); and (d) affix his seal on the name of “H”.

Accordingly, for the purpose of exercising, the defendant applied for the registration of transfer in the name of H, which is a private document on the rights and duties, and one copy of the motor vehicle transfer certificate (for motor vehicle dealer transaction) respectively.

3. On October 20, 2014, the Defendant: (a) had K submit an application for registration of a forged transfer and a certificate of vehicle transfer (for motor vehicle dealer transaction) to a high viewing public official who is aware of the forgery at the high viewing in Gyeyang-gu, Gyeyang-gu; and (b) exercised the said investigation document as if it were genuine.

Summary of Evidence

1. Defendant’s legal statement

1. A protocol concerning the interrogation of the accused by the prosecution (including the part concerning N's statement);

1. Each protocol concerning the interrogation of the police officers against N and G.