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(영문) 대구지방법원 2017.08.07 2016고정1770
횡령
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal record] On May 25, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court on July 27, 2016, and the judgment became final and conclusive on July 27, 2016.

[Criminal facts] The Defendant carried out a business partnership with C and operated D, which registered C as a representative director.

On June 16, 2014, the Defendant entered into an operating lease agreement under which the IMW Korea Ltd. Co., Ltd. (hereinafter “victim”) and D Co., Ltd.’s management owned by the victimized Company (E) lease deposit KRW 11,704,00, and the lease period of KRW 48 months, monthly lease fee of KRW 1,010,385, and thereafter received the said car from the victimized Company for KRW 48,767,720.

The Defendant borrowed KRW 10,00,000 from F to F in a French place around June 2015 or below July 7, 2015 while managing the said car owned by the victimized company as above, and offered the said car as security to F.

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

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. A protocol concerning the interrogation of suspect C by the police;

1. A complaint filed by a non-Mable social service Korea Ltd.;

1. The motor vehicle registration ledger (A), contract confirmation certificate, and receipt;

1. An agreement on operational lease and proof of each content;

1. Investigation report (the occupant of the current vehicle);

1. Previous records: Application of Acts and subordinate statutes to the copies of each written judgment, the search screen of prosecution cases;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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