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(영문) 청주지방법원 2018.11.08 2017고단2827

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2017 Highest 2827] The Defendant is a person who has operated a motor vehicle parts processing business chain C in Sacheon-si B.

On August 12, 2016, the Defendant: (a) entered into a lease agreement with the Defendant to acquire ownership after paying the amount of KRW 5,685,700 per month between 36 months in total and after paying the lease amount of KRW 5,500,000 for five months at the victim E, Busan, Busan, and Busan, Busan, about the sum of the market price of KRW 150,000,000; (b) around August 17, 2016, the Defendant took over five above half of the lease period and kept for the victim; and (c) sold the five above half of the five of the five of the five of the five of the five of the five of the five of the five of the five of the five of the five of the five of the five of the five of the five of the five of the above vessel to the non-resident on February 2, 2017.

Accordingly, the Defendant embezzled the property owned by the victim.

[2018 Highest 1854] Defendant is the owner of FK7 car.

On October 20, 2016, the Defendant loaned 20,000,000 won to the victim H bank as collateral at the registered office of the vehicle located in G at Cheongju-si, and agreed to pay the principal and interest monthly between 27.9% per annum and 60 months in installments, and set up a collateral security on the said vehicle in the name of the victim company.

While the Defendant did not pay a loan to the victim company and did not pay the loan to the victim company, the Defendant offered I as security and borrowed KRW 10,000,000 to I at a non-permanent area below the Cheongju-si on January 2017 without the consent of the victim company.

Accordingly, the defendant concealed the above passenger car which is the object of the victim company's right, thereby hindering the victim company's exercise of right based on the right of interest.

Summary of Evidence

[2017 Highest 2827]

1. Statement by the defendant in court;

1. A complaint filed by E;

1. An application for facility leasing and a contract for facility leasing;

1. Receipt of the goods;

1. The ledger of claims management;

1. Contract for trading;

1. A photograph of damaged articles (2018 Height 1854);

1. Statement by the defendant in court;

1. Written Statement;

1. Original Register of Automobile Registration;

1. An electronic agreement;

1. Investigative Report (as regards the location of the vehicle - the witness K), the Act shall apply 1.