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(영문) 울산지방법원 2018.04.06 2017고단3687
횡령
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 20, 2016, Defendant A was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes at the Busan District Court, which was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes. On October 28, 2016, Defendant A was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes at the Daegu District Court on April 13, 2017, and the decision became final and conclusive on April 21, 20

[Criminal facts] Defendant B is the representative director of Company D, and Defendant A is the person who actually operated the above company as the chief director of the above company.

around February 17, 2015, Defendants entered into a lease agreement with the Korea Social Services Korea Co., Ltd. and the victim company to pay KRW 2,985,247 per month to one passenger car owned by the victim company, with the payment of KRW 1,271,79 per month (the contract period: between February 17, 2015 and February 19, 2018) on the condition that the contract period shall be three years (the contract period shall be between February 17, 2015 and February 19, 2015) and the above passenger car shall be delivered, and around August 17, 2015, the Defendant paid KRW 2,985,247 per month to the victim Dao Rental Co.,, Ltd. and the victim company for one passenger car owned by the victim, and paid KRW 10,760,000 per month to 10,000 per month and 17,070.

On May 30, 2016, the Defendants conspired to borrow KRW 30 million from a loan company called "K" around May 30, 2016 during the lease contract period, and offered the victim BMW 740d car owned by Korea Co., Ltd. and I franchise-low-income car owned by the victim J. O. O. S. as security, and deliver the above two vehicles to the victim. On July 15, 2016, the Defendants borrowed KRW 27 million from a non-performing loans company located in Daegu-gu.

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