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(영문) 대전지방법원 2018.10.04 2017고단3286 (1)
횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2017 Highest 3286"

1. Where a person who has acquired an automobile in violation of the Automobile Management Act intends to transfer it again to a third party, he shall make a registration of transfer of ownership in his name before transferring it;

Nevertheless, on March 15, 2016, the Defendant acquired D Spopos vehicles from C in the parking lot on the ground of the building in Daejeon-gu Daejeon-dong, Daejeon-dong, Daejeon-gu, with no registration of transfer in the name of the Defendant. On March 15, 2016, the Defendant received KRW 270,000 from E and transferred the said vehicle to E at the parking lot located in Yangyang-dong, Daejeon-dong, Daejeon-dong.

2. On November 3, 2015, the Defendant: (a) purchased a coo vehicle in the Daejeon Seo-gu F, Daejeon; (b) obtained a loan of KRW 40 million from the victim J (state) through the Plaintiff (State); and (c) on November 12, 2015, the Defendant created a right to collateral security (right to collateral security (right to collateral security) with respect to the said vehicle in the name of the victim, with the amount of the secured debt of KRW 20 million.

Nevertheless, on July 2016, the Defendant borrowed KRW 10 million from K and provided it as collateral and delivered the said vehicle to the victim to make it difficult for the victim to find the location of the said vehicle.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

3. On November 9, 2015, the Defendant: (a) entered into a lease agreement with the lessee that: (b) at the victim M&A office located in the Jung-gu Daejeon-gu Daejeon-gu, Daejeon-gu; (c) on the examination of the victim company and the victim’s acquisition cost of KRW 77,977,100; (d) the lease period of KRW 1,608,000; (e) the lease period of KRW 48 months; and (e) the lessee has the right to use the leased vehicle; (d) the lessee is only the right to use the leased vehicle; and (e) the lessee may terminate the lease agreement and claim the return of the leased vehicle if the lessee fails to pay the lease fee; and (e) received the said vehicle.

The Defendant kept the said car on behalf of the victim company, which was Daejeon-gu around August 12, 2016.

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