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(영문) 부산지방법원 동부지원 2017.07.21 2017고정582
횡령
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant: (a) entered into a lease agreement with the victim on the condition that he/she would pay lease fees of KRW 2,845,200,000,000 per month for the Plaintiff’s vehicle owned by the Plaintiff, which is equivalent to KRW 13,62,00,000,000, the market price of the Plaintiff’s Bank of Korea-dong, Nam-gu, Busan; (b) around that time, he/she received the said vehicle and kept it for the victim; and (c) around November 28, 2014, the Defendant embezzled the said vehicle as security by borrowing KRW 28,50,000 from the address of the Plaintiff’s hot spring-dong, Busan-dong, and then arbitrarily disposing of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's office and police's statement concerning C and D;

1. Around November 2014, the Defendant proposed that “the Defendant would raise funds as security” on the following grounds: (a) an automobile lease agreement, a statement of collection of rent, and a report of investigation (the next statement of secured loan loan) [the Defendant, upon D’s request, lent the name of the lease agreement to him, and did not have been involved in the act of disposal of the instant vehicle”; (b) the facts acknowledged by the evidence duly adopted and investigated by this court; and (c) that “D was living with the Defendant, while living together with the Defendant, was the main business of the Defendant and himself/herself; (d) personnel expenses and alcoholic beverage payments are not well-grounded; and (d) the Defendant consented thereto.

Afterward, the defendant and the defendant assigned the same difference and borrowed 30 million won, and 28.5 million won was remitted to the account in the name of the defendant.

Of that money, the Defendant stated to the effect that the Defendant and himself repaid the obligation for the borrowed money that he had borne to E is consistent with the above statement, ② Financial transaction details correspond to the above statement, ③ Defendant also stated in an investigative agency that “D after a lease contract,” “person who received a loan as security,” and borrowed KRW 30 million to the bond company, thereby deducting interest from the prior interest.

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