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(영문) 인천지방법원 2015.08.27 2013고단2037

횡령등

Text

The punishment of fraud in the crime of paragraph (3) in the judgment of the defendant shall be punished by imprisonment with prison labor for one year and the remainder of crimes.

Reasons

Punishment of the crime

On July 25, 2007, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor at the Seoul Central District Court for fraud, and that year.

8.2. A person for whom the above judgment has become final and conclusive.

[2013 Highest 2037]

1. On December 11, 2006, the Defendant entered into a lease agreement with the victim treatment capital (B, 197 million won) at the store of BM 2, 719-1, Gangnam-gu, Seoul, on December 11, 2006, the Defendant agreed to pay the amount of KRW 4,851,40 per month as the lease fee for 36 months until December 20, 2009, and agreed to the ownership of the vehicle until the said lease fee is paid in full.

The Defendant, from the above date to December 20, 208, deposited the lease fee for 25 months from the above time to December 20, 2008, and delayed payment of the lease fee, and returned the above vehicle to the victim if the contract was terminated on February 2, 2009, notwithstanding the fact that around November 4, 2008, the Defendant provided C with the above vehicle as collateral and embezzled the remainder of 65 million won after deducting the paid amount and the deposit from the price of the above vehicle.

2. On August 16, 2007, the Defendant entered into a lease agreement with the victim on 1,467,300 won per month for 44 months from April 20, 201, and agreed that the ownership of the vehicle shall exist in the victim until the said lease agreement is paid in full.

The Defendant, from the above date and time to December 20, 208, deposited the lease fee, delayed payment of the lease fee, and embezzled the amount equivalent to KRW 30 million after deducting the amount paid and the deposit money from the price of the above vehicle from the price by refusing to return the vehicle if the contract was terminated on February 2009.

[2013JE 5358] The Defendant is the representative director of E (ju) for real estate development business, etc., and is the F apartment in Daegu-gu from around 2003.