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(영문) 서울북부지방법원 2018.01.18 2016고단5424
횡령등
Text

A person shall be punished by imprisonment with prison labor for not less than six months, or for not less than two or three years, with prison labor for a crime set forth in the judgment of the defendant.

(b).

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to imprisonment with prison labor for six months in Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (joint injury) on August 31, 2015 and two years in suspension of execution for the same year.

9.8. The judgment becomes final and conclusive, and on June 23, 2017, the Seoul Western District Court has been sentenced to a suspended sentence of three years for a year of imprisonment for embezzlement and a suspended sentence of three years for embezzlement;

7. 1. Final and conclusive period of suspension of execution is currently under suspension of execution.

[Criminal facts]

1. [Attachment 2016 Highest 5424] On December 9, 2013, the Defendant entered into a lease agreement between the Defendant’s Hyundai Capital and the Defendant’s Defendant’s wife with respect to DMF M6 automobiles, which are owned by the said company, in the name of the Defendant’s wife C, at the support center office located in Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do, 117, the Plaintiff received the said car after entering into the lease agreement with the Defendant at the cost of KRW 65 million, monthly rent of KRW 1,903,50, and the lease period of KRW 36 months.

In concluding the above lease agreement, the Defendant and the victim company agreed that “the ownership of the leased vehicle to the victim regardless of the name of the vehicle registered, and shall not perform any act that may infringe on the ownership and legitimate rights of the financial company, such as providing the vehicle to the third party for the purpose of security,” and the victim company had ownership of the said BM car during the lease period.

The Defendant embezzled the property owned by the victim by arbitrarily delivering the said vehicle to F without any notice from the victim in front of Seongbuk-gu Seoul E on August 2015, while keeping the said BMW car for the victim company.

2. [Attachment 2017 Highest 231] On October 7, 2015, the Defendant made a false statement that “A credit card was suspended by telephone to the victim G, and if a credit card was borrowed from KRW 3 million, some of the Defendant would receive cash services and receive cash payment, and the remainder will be repaid within the number of days.”

However, the defendant has already been.

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