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(영문) 수원지방법원 2013.09.11 2012고단6458 (1)
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 9, 2010, the Defendant was sentenced to imprisonment with prison labor and two months at the Suwon District Court for fraud, etc., and completed the enforcement of the above punishment on February 9, 201. On November 16, 2012, the Defendant was sentenced to six months of imprisonment with prison labor in the above court due to fraud, etc., and the judgment became final and conclusive on February 8, 2013.

"2012 Highest 6458"

1. The Defendant, around December 6, 201, lent 3 million won to the victim C at the parking lot of the Suwon Police Station in Suwon-gu, Suwon-gu, Gyeonggi-gu, Seoul Special Metropolitan City, 873-4, and leased 1 million won additionally around December 7, 201, and received D car as security for the claim.

On December 7, 2011, while the Defendant kept the said car as security for the victim, he arbitrarily disposed of it to E, etc. and transferred the possession.

Accordingly, the defendant embezzled the victim's property.

2. Around February 1, 2012, the Defendant made a false statement to the victim C’s house located in the Gyeonggi-gu Seoul Metropolitan City F, Gyeonggi-do, that “The Defendant would return the money to the victim by finding out the vehicle that he/she left the money as security at his/her own seat.”

However, the defendant had already sold the above car as stated in Paragraph 1, and the defendant did not know where the above car is located, so there was no intention or ability to return the car of the victim.

Nevertheless, the Defendant made a false statement as above and received KRW 1 million from the victim, around February 1, 2012, and received KRW 1.3 million from the Defendant’s bank account on June 21, 2012.

around June 25, 2012, the Defendant leased KRW 18 million to the victim H’s parking lot located in Suwon-si, Suwon-si, Suwon-si, and was provided with the victim’s I Ecub car that was leased by the victim from Hyundai Capital as security of the claim.

The defendant kept the above car as security for the victim, and around that time, sold the car to J for 22 million won and transferred the possession.

This is the defendant's property of the victim.

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