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(영문) 서울중앙지방법원 2015.01.08 2014고단7326
횡령등
Text

Defendant

A Imprisonment of one year and nine months, Defendant B’s imprisonment of four months, Defendant C’s imprisonment of one year, and Defendant D’s imprisonment of six months.

Reasons

Punishment of the crime

[2014 Highest 7326] (Defendant A and B) Defendant B was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on December 28, 2012, and the said judgment became final and conclusive on January 5, 2013. On April 15, 2014 during the said suspended period, Defendant B was sentenced to eight months of imprisonment with prison labor for fraud, etc. and the said judgment became final and conclusive on August 11, 2014.

On April 30, 2013, M entered into a lease agreement with the victim non-Si Capital Co., Ltd. (hereinafter "victim Co., Ltd.") and the NIBBE sports margin (A5 Sbbk) owned by the victim company to pay the lease deposit amount of KRW 62,280,690, KRW 17,520,00, KRW 17,825,440, and KRW 1,621,40 each month from twice to 36 times.

Defendant

A and Defendant B were related parties to M and society, and were bound by M, and were aware of the fact that M will pay the lease fee for a passenger car equivalent to KRW 1.6 million per month, and was transferred to a third party by M, which was offered to sell it to the third party as the so-called "large-type car" and to use it by dividing it.

The Defendants did not have the intention or ability to pay the rent normally to the victim company even if the above car is transferred.

Nevertheless, the Defendants were not bound by M on July 2013, and after being transferred the vehicle from his father O in the same year, the Defendants had taken over the vehicle from M's father O, and deceiving M as if they were to pay the rent normally.

As a result, the Defendants conspired with the above method, and acquired the victim's car owned by the victim company, which he had been in custody by the O on the 14th day of the same month.

[2014 Highest 7405] (Defendant A, C, D, E, and F) Defendant A, C, D, E, and F are P.

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