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(영문) 인천지방법원 부천지원 2019.03.22 2019고정13
횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and the said judgment became final and conclusive on April 20, 2017.

A person who leases a motor vehicle has only the right to use the motor vehicle by taking possession of the motor vehicle from a lease financial company which is the owner of the motor vehicle, and shall not transfer or sublease the motor vehicle without prior written consent of the lease financial company, allow a person other than the user recognized in the relevant motor vehicle insurance to use the motor vehicle, provide the motor vehicle to a third party for the purpose of security, etc. in accordance with the standard terms and conditions of the lease contract agreed by the user.

1. On October 2015, the Defendant made a false statement to the effect that “The Defendant will pay the prime rent on behalf of the victim D by succeeding the lease under the name of the E-motor vehicle, which entered into a lease contract under the name of the wife in Yangcheon-gu Seoul, to the victim D at a point located in Yangcheon-gu Seoul.”

However, the defendant did not have an intention or ability to pay the lease price even if he had the victim succeed to the FE E-motor vehicle lease contract.

The Defendant, by deceiving the victim as such, had the victim pay the amount equivalent to KRW 10 million of the lease amount, thereby acquiring pecuniary benefits equivalent to the same amount.

2. On July 2015, the Defendant entered into a lease agreement with the victim G Co., Ltd. (hereinafter “victim Company”) and F E motor vehicles under the name of the Defendant’s wife H on the condition that they are used within the scope agreed upon under the lease agreement, and received the said motor vehicle, and continued to keep the said motor vehicle, which is owned by the victim company, on October 30, 2015, by succeeding to the lease in D’s name.

The defendant around May 16, 2016 without the prior consent of the victim company in the Seocho-gu Seoul Metropolitan City Seoul High Complex located in Gangseo-gu Seoul Metropolitan Government.

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