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춘천지방법원 원주지원 2019.07.11 2018고단712
횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Each application for compensation filed by an applicant is dismissed.

The facts charged of this case.

Reasons

Punishment of the crime

On June 9, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the original state branch of the Chuncheon District Court on July 27, 2015, and completed the execution of the sentence in the original state prison on July 27, 2015.

The Defendant: (a) on August 11, 2017, “2018 Highest 712”: (b) leased the said vehicle from G operating the original main point of the Victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) in the presence of the victim E on August 11, 2017 and kept the said vehicle for the victim company from the date of the lease, while the said vehicle was kept for the victim company; (c) on September 7, 2017, even though the lease period of the said vehicle expired, the said vehicle was not returned on several occasions on September 3, 2017, by demanding the return of the said vehicle from Hongcheon-gun, Hongcheon-gun to return the said vehicle; and (d) by refusing to return the said vehicle.

"Around March 30, 2017, the Defendant: (a) purchased pine trees planted from J in Gangwon-si I at around 2017, and decided to sell pine trees to K; (b) removed pine trees; and (c) was avoided from human parts, such as L who did not receive personnel expenses from the Defendant; (d) the victim M was determined to have the sales place of pine trees that the Defendant intended to take out the pine; (b) the sales proceeds are expected to be deposited into L, etc. The sales proceeds are to be paid KRW 605 million. The sales proceeds are immediately paid to L, etc. for KRW 6050,000,000,000,000,000,000,000,000 won for pine trees, so that it would not cause damage top; and (b) the said pine is false as a guarantee of KRW 60.5 million for pine trees and KRW 8 million."

However, in fact, even if the Defendant sold the said pine trees to N and received N from N, it was thought that it was used for other purposes, and there was no intention or ability to pay 6050,000 won for personnel expenses and 8 million won for pine trees to N, such as L, etc. and J.

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