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(영문) 서울동부지방법원 2014.06.19 2013고단2041
횡령
Text

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 November 18, 2010, the Defendant: (a) entered into a motor vehicle lease agreement with the victim filial Capital Co., Ltd. and C, with a contract term of three years; (b) deposit amount of 20,983,000 won; and (c) monthly usage fee of 1,761,374 won in the name of the victim’s filial Capital Co., Ltd.; and (b) accordingly, around November 19, 2010, the Defendant came to keep the victim in custody after directly transferring the DWWK20 motor vehicles owned by the CPK20.

On February 2, 2012, the Defendant borrowed KRW 20 million from F from the Gangnam-gu Seoul apartment underground parking lot, and embezzled the said car by providing it as security by occupying it for the victim without obtaining prior written consent from the victim, such as Article 8 of the Motor Vehicle Lease Contract, and without obtaining prior consent from the victim.

2. On November 18, 2010, the Defendant: (a) entered into a motor vehicle lease agreement with the victim filial Capital Co., Ltd. and C, with a contract term of three years; (b) deposit money of three years; and (c) monthly usage fee of 1,781,833 in the name of the victim enz agencies located in Songpa-gu Seoul, Songpa-gu, Seoul; and (c) accordingly, around November 19, 2010, the Defendant received a direct transfer of the GenzE300 motor vehicle owned by the Fenz Capital Co., Ltd. and kept the victim for the sake of the victim.

On April 19, 2012, the Defendant borrowed KRW 20 million from I to I at the front parking lot of the Defendant’s house located in Songpa-gu Seoul, Songpa-gu, and embezzled the said car by providing it as security by occupying it for the victim without the victim’s prior written consent, such as Article 8 of the Automobile Lease Contract, and without the victim’s prior consent.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness J and I;

1. Protocol of the examination of witness to the witness K;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police concerning L;

1. A copy of each motor vehicle lease contract, a copy of each motor vehicle registration certificate, and each terminated bond;

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