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(영문) 부산지방법원 동부지원 2018.03.08 2017고단2499
횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2014, the Defendant entered into a contract with C University located in Nam-gu, Busan around March 17, 2014 to pay lease fees of KRW 2,200,000 each month for the victims’ names and employees in the name of the victim D Co., Ltd and EMW vehicles (such amount as KRW 16 million) owned by the said victims, and received delivery of the said vehicle.

While the Defendant kept this vehicle on behalf of the victim, on March 2016, the Defendant borrowed 5 million won from the name-free bond business operator in the vicinity of the Busan High-dong, Busan High-dong, and provided the above vehicle at will, which is equivalent to KRW 86,490,00 of the market value.

Accordingly, the defendant embezzled the victim's property.

"2018 Highest 124"

1. Motor vehicle registration number plates in violation of the Motor Vehicle Management Act shall be affixed and sealed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the registration number plates and seals affixed thereby shall not be detached, except in cases where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

Nevertheless, on July 27, 2017, the Defendant was detached of the registration number plate in front of the Defendant’s father-F, G, which is owned by the Defendant’s father, without permission from the Mayor/Do Governor, at the insular area of the Nam-gu Busan Metropolitan City (hereinafter referred to as the “Seoul Metropolitan City”).

2. The Defendant illegally uses air defense, which was removed at the time and place under the preceding paragraph, was placed on the front registration number plate of the Cub vehicle in H owned by the Defendant for the purpose of exercising the front registration number plate of the Cub vehicle in front of the Cub vehicle, and was placed on the front of the Cub vehicle in Busan Southern-gu, Busan, and operated approximately 400 km of Cub vehicle in excess of the above to Samsung Tub of Gangnam-gu, Seoul.

Summary of Evidence

"2017 Highest 2499"

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. The complaint book, motor vehicle lease contract, motor vehicle registration certificate, electronic tax invoice, full certificate of registered matters, business registration certificate, automobile insurance subscription certificate, and the ledger of collection of rent;

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