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(영문) 서울중앙지방법원 2014.08.28 2013고단2616

횡령등

Text

Imprisonment with prison labor for the crimes of No. 1 and No. 3 in the judgment of the defendant, and 10 months for the crimes of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Power] On March 31, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Eastern District Court on August 8, 201 and the said judgment became final and conclusive on April 8, 201.

[2013 Highest 2616]

1. Embezzlement, fabrication of private documents, or uttering of private documents;

A. On July 17, 2012, the Defendant drafted a notarial deed with the content that the victim C was unable to repay 10 million won, including principal and interest, from the Defendant on February 7, 2012, the victim C borrowed from the Defendant on February 7, 2012, and that the Defendant would pay 13 million won including principal and interest, until July 24, 2012.

On July 24, 2012, the Defendant: (a) had been provided with the money borrowed by the victim as security and kept the money for the victim in the name of D, E-7 car operated by the victim at the time when the victim was unable to repay the borrowed money within the due date in front of the road where the act was located in the Dongbcheon-si,

On July 31, 2012, the Defendant, without the victim’s consent, sold the said K7 car to the vehicle with the above K7 car with the above 24,500,000 won, which was kept in custody, arbitrarily, and embezzled one K7 car per such amount.

B. On July 31, 2012, the Defendant forged private document: (a) sold the KS7 car registered in the name of E, which was operated by the former C, to F without authority for the purpose of uttering; (b) “A (for direct transaction by the transferor and transferee)”: D, B (F), and the registration number of the automobile: K7, E, model and model: K7, class G, and date of sale: (a) on July 31, 2012; (b) on July 31, 2012; (c) on July 31, 2012; and (d) on July 31, 2012; and (c) on the delivery date of the automobile: D’s name.”

Accordingly, the defendant, without authority, forged a motor vehicle transfer certificate in the name of D, a private document on rights and obligations.

C. On July 31, 2012, the Defendant for the event of the above investigation document is the Gangseo-gu Office of Gangseo-gu Seoul Metropolitan Government on 980-16.