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(영문) 수원지방법원 안양지원 2016.06.10 2015고단1321
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] Defendant A’s criminal records indicated in the facts charged at the Seoul Central District Court on September 5, 2014 is obvious that “The Supreme Court on March 26, 2015” is a clerical error.

On March 26, 2015, a sentence of imprisonment with prison labor was issued for one year due to fraud, etc., and the judgment became final and conclusive.

[2] On October 30, 2013, Defendant B entered into an operational lease agreement with the victim Non-Fable social service Korea (State) located in Gangnam-gu Seoul Metropolitan Government on October 30, 2013, under which Defendant B entered into a contract with Defendant B to operate the following terms: (a) with the victim Non-Fable Social Services Korea (State) for the passenger car 300C owned by the victim, KRW 65,383,270, vehicle price of KRW 61,40,00, monthly rent of KRW 1,541,151, monthly rent of KRW 42, and the lease period of KRW 42 months; and (b) “The contractor shall sell, dispose of, or provide the leased goods for the purpose of security.” At that time, Defendant A received the said vehicle delivery.

On December 3, 2013, the Defendants offered the said car as security to a credit service provider and offered money, and around that time, Defendant A borrowed KRW 13 million from an influenite credit service provider in the vicinity of the Seoul Dongdaemun-gu rice farm, Dongdaemun-gu, Seoul, and provided the said car at the market price of KRW 61,40,000 for the purpose of securing the obligation.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Statement made to I by the police;

1. A contract confirmation, an application for operating lease or a copy of an estimated statement, standard terms and conditions of a lease contract, a statement of terms and conditions of the contract, a certificate of registration, a copy of a certificate of registration, and a statement of account transaction in

1. Before judgment: Application of the results of inquiry, such as criminal history, (A) and the Act and subordinate statutes to report an investigation (verification of concurrent records of a suspect A);

1. Relevant Articles 355 (1) and 30 of the Criminal Act concerning the Defendants who choose to commit a crime and to make a sentence: Articles 355 (1) and 30 (Selection of Imprisonment);

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants on probation: Article 62(1)1 of the Criminal Act.

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