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Reasons
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(영문) 대전지방법원 2015.07.23 2014고단4429
횡령등
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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On December 17, 2010, the Defendant leased KRW 10,000,000 from the victim’s home located in Daejeon Jung-gu, Daejeon, on the condition that “the Defendant borrowed KRW 500,000,000,000,000,000,000 from the Defendant’s mother E and kept the victim’s mother E-owned cruise vehicle as a security. On December 21, 2010, the Defendant arbitrarily cut off the said vehicle in return for receiving KRW 14,00,000 from G to Daejeon-dong, Daejeon-gu, Daejeon.

Accordingly, the defendant embezzled the victim's property.

2. A person who intends to engage in credit business or credit brokerage business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, who has jurisdiction over the place

On December 29, 2008, the Defendant, before the Jung-gu Daejeon District Court, conducted credit business without registering the credit business by leasing KRW 15 million to K, on the condition that “the monthly interest of KRW 10,000,000,000 and KRW 15,000,000,000,000,000,000,000,000,000.”

B. On March 2009, the Defendant run credit business without registering the credit business, on the condition that “one hundred and nine (10) interest per month is 190,000 won, 190,000 won per month,” to D at a non-permanent place.

C. On December 17, 2010, the Defendant, before D’s house located in Daejeon Jung-gu, Daejeon, conducted credit business without registering the credit business by leasing KRW 10 million to D, on the condition that “one-year interest rate of five (5), five (500,000 won, and one (1) month after the date of repayment” was “the victim’s mother-owned cruise vehicle.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's interrogation protocol of M and G;

1. The police suspect interrogation protocol of H;

1. Each police statement of the police against D, M, and G;

1. Each investigation report (No. 2 and No. 3 of the evidence list);

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

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