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(영문) 인천지방법원 2020.08.20 2020고단3184
횡령등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Justice] On September 22, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement at the Suwon District Court on June 2, 2016, and the judgment became final and conclusive on September 30, 2016, and on May 12, 2016, the Daejeon District Court Seosan Branch sentenced eight months of imprisonment with prison labor for embezzlement and the judgment became final and conclusive on November 11, 2016.

Although the above criminal records, which became final and conclusive on November 11, 2016, are not stated in the facts charged, according to the evidence records (268 to 274 pages) of the Incheon District Court 2020 Godan5472 case, they can be admitted ex officio.

【Criminal Facts】

around July 4, 2012, the Defendant paid 756,000 won per month to E for 60 months from July 4, 2012 to July 4, 2017, to the damaged Company and 756,000 won per month from July 1, 2012 to July 4, 2017.

“A” under the same year, while the Defendant was in custody of a vehicle in the Ireland under a vehicle lease agreement, he/she did not pay rent of KRW 17,407,618 from June of the same year to May of 2014, and did not pay the vehicle rent.

7. 8. Around 8. Around that time, a notice of termination of the lease contract was served by the said victimized company and was notified of returning the said vehicle, but the vehicle value was arbitrarily disposed of the said vehicle, which was approximately approximately KRW 26,300,000, and embezzled by failing to return the said vehicle to the victimized company.

[200 Highest 5472]

1. Around March 2014, the Defendant made a false statement to the victim B at the H’s front parking lot located in Seocho-si G, Seosan-si, stating that “When lending KRW 5 million to the hospital, the Defendant would pay off the time limit money.”

However, in fact, the defendant was thought to use the money received from the victim as debt repayment or living expenses, not hospital expenses, and there was no intention or ability to pay the money to the victim.

The Defendant, from the victim on March 11, 2014, is 4.5 million won from the victim, to the I Account in the name of the Defendant.

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