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(영문) 의정부지방법원 2020.12.14 2020고단275
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After leasing the high-class external vehicles with B, the Defendant offered them as collateral and raised funds.

Accordingly, around May 12, 2016, B entered into a car lease agreement with Dental Hospital operated by B in Yangju-si to which the name of proxy for the victim E Co., Ltd. cannot be known, and with Fdisberber 4.3 in the amount of KRW 84,978,190, which is equivalent to KRW 60 months of lease, monthly rent of KRW 1,587,600, and the Defendant, at that time, embezzled the victim’s property by delivering the said vehicle to the bond manager whose name cannot be known after being handed over by the victim company.

Summary of Evidence

1. Two times the suspect interrogation protocol of the accused in relation to the interrogation protocol of the accused in relation to the defendant's partial statement of the witness B (including the second interrogation protocol) in relation to the police officer's interrogation protocol of the accused in relation to the

1. The police statement concerning B;

1. Investigation Report - Investigation into the location of a vehicle;

1. Investigation report - Investigation report on additional data (Attachment B to the record, etc.);

1. A motor vehicle lease agreement [Embezzlement is a so-called dangerous crime established where the principal right, such as the ownership of another person's property, is protected by the legal interest and where there is a risk of infringement of the principal right, and the act of offering another person's property as security without the consent of the person concerned is an embezzlement that expresses his/her intent of unlawful acquisition, and regardless of whether the act of offering security under private law is null and void or the act of infringing on the ownership of the property occurs, it constitutes embezzlement (see, e.g., Supreme Court Decision 2002Do219, Nov. 13, 2002). Considering the facts and circumstances recognized by the evidence duly adopted and investigated by the court, the defendant is a high-class external vehicle in the form of a lease agreement for financing from the beginning with B.

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