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(영문) 의정부지방법원 고양지원 2017.08.24 2017고단429
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around March 31, 2015, the Defendant: (a) entered into a car lease agreement with the victim Alpha under the name of D in which the Defendant was living together with the Defendant at his/her residence located in Gyeyang-gu C and B1, with a view to paying rent of KRW 770,000 per month for the social service car owned by the victim Alpha, Korea Co., Ltd. at the market price of KRW 33,300,000; and (b) provided the said vehicle as security and embezzled the said vehicle with a loan of KRW 10,000,000 for the victim, while the Defendant received and kept the said vehicle for the victim on or around June 31, 2015.

2. The Defendant, using a false real estate charter agreement, had the bank obtain a charter loan, and had the Defendant use the loan for other purposes, such as living expenses, etc.

On August 4, 2015, the Defendant had D and H, who are female living together, at a G certified broker located in Gyeyang-gu, Seoyang-gu, Yangyang-gu, Seoul, enter into a false real estate lease agreement with D, which provides that H shall lease KRW 60,00,000 to H 401 in the Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and that H shall make a false real estate lease agreement with D, and around August 14, 2015, the Defendant submitted a real estate lease agreement, etc. prepared as above, to the staff in charge of loans at the branch located in Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Seoul, for a loan under the name of D, by submitting a real estate lease agreement, etc.

However, in fact, H and D did not have an intention to lease real estate, and the defendant was planning to use the loan for other purposes, such as living expenses, and did not have an intention or ability to repay the loan.

As above, the defendant deceivings the victim's Goyang-dong Saemaeul Community's name unsound employee, and he received 42,000,000 won from the victim to the Saemaul Treasury's account on August 17, 2015 as the lease loan fund, and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the suspect interrogation of the defendant (including D substitute part) 1.

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