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(영문) 서울동부지방법원 2016.04.06 2015고단3507
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for fraud in support for the development of the Suwon method, etc. on March 12, 2015, and the judgment became final and conclusive on July 10, 2015. On September 25, 2015, the Seoul Eastern District Court sentenced eight months of imprisonment for embezzlement, etc., and the judgment became final and conclusive on October 3, 2015.

【Criminal facts】 1. Extraordinary 3507

A. On April 9, 2013, the Defendant entered into a lease agreement with the Defendant, living together, to pay the lease fees of KRW 90,552,00,00 per month for 60 months from May 31, 2013 to April 30, 2018, on the part of KRW 1,509,52,00 per month between 1,50,000 and 60 months from May 31, 2013 to April 30, 2018, the Defendant was transferred a FA5 car owned by the Defendant.

On October 31, 2013, while the Defendant kept the said car on behalf of the victim, the Defendant borrowed KRW 21 million from the credit service provider H in front of the Ddong capital exhibition center located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and transferred the remaining lease principal to H as security.

Accordingly, the defendant embezzled the victim's property.

B. Around March 5, 2014, the Defendant’s embezzlement against the victim Non-SP Capital Co., Ltd. entered into a lease agreement with the victim Non-SP capital Co., Ltd. in the name of Gangnam-gu, Gangnam-gu, to pay lease charges of KRW 84,184,540 each month for 60 months from the date of issuance of a lease certificate, between the victim Non-SP capital Co., Ltd. and the victim Non-SP capital Co., Ltd. in the name of the Defendant’s living together. A lease agreement was concluded between the Defendant and the victim Non-SP capital Co., Ltd., Ltd. in the name of Gangnam-gu, and received the lease charges of KRW 84,184,540 each month for 60 months from the date of issuance of the lease certificate.

On May 14, 2014, the Defendant borrowed KRW 23 million to the J at a closed place on the part of the victim, while keeping the said car for the victim, and transferred the remaining lease principal amount to KRW 78,392,231 as security.

In this respect, the Defendant suffered damage.

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