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(영문) 인천지방법원 부천지원 2020.02.19 2019고단889
횡령
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The defendant actually operated C as the representative of the defendant's wife B.

1. Around November 17, 2015, the Defendant entered into a lease agreement on the amount of G car owned by the victim FFF corporation in the name of the damage F corporation in the name of the Namdong-gu Incheon, Incheon, and borrowed KRW 9,00,000,000, while providing the said vehicle to I as security at the office of I located in Yangcheon-gu Seoul, Seoul, as security at the early December 2017, 201.

Accordingly, the defendant embezzled the victim's property.

2. On July 19, 2017, the Defendant: (a) concluded a lease agreement on LA car owned by the victim FF stock company in the name of the victim FF stock company in the name of Yongsan-gu, Yongsan-gu; (b) on December 12, 2017, the Defendant borrowed KRW 18,000,000 from the coffee shop near Gangseo-gu, Seoul, and offered the said vehicle as security to N, who was in custody for the purpose of operation.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Statement of the police officer concerning theO;

1. A P statement;

1. The application of a business registration certificate, a full certificate of registered matters, Q, a contract certificate, a R Operation Lease Agreement, a resident registration certificate, etc., a receipt for the payment of lease fees, a copy of a resident registration, a receipt for the details of payment of lease fees, a copy of a certificate of contents, a protocol-certified document, a protocol of contract (S), an application for Sfinancial services, a SOperation Lease Agreement, a receipt for the payment of lease fees, a receipt for the details of the payment of lease fees, a receipt for the protocol-certified document, three copies of the contents certification,

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not good, and the victim wants to be punished, and the defendant is a property crime.

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