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(영문) 수원지방법원 평택지원 2018.09.07 2018고단815
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Giwon on June 11, 2018, and the judgment became final and conclusive on June 19, 2018.

[Criminal facts]

1. On May 16, 2016, the Defendant: (a) borrowed the monthly rent of KRW 2,869,900 between the Gap Capital Co., Ltd. and the 60-month establishment located in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul; (b) concluded a lease contract with the DaW 730D car equivalent to KRW 145,292,720 in the market price; and (c) received the said car and kept the said car for the victim; and (d) received the said car as a security on August 30, 2016, the Defendant borrowed KRW 30,000,000 from F on the street in front of the Dop in Suwon-gu, Yongsan-gu, Seoul; and (c) received the said car as a lease contract with the 145,292,720D car.

Accordingly, the defendant embezzled the victim's property.

2. On April 19, 2016, the Defendant borrowed KRW 11,00,00,000 from the F in front of the car trading complex in Gangseo-gu Seoul Metropolitan Government on September 9, 2016, and provided the said car as security at a free will, by concluding a lease contract with the Defendant for the Plaintiff’s Hyundai Capital Co., Ltd. and the Plaintiff’s 60-month amounting to KRW 47,90,500 in the market price, with the monthly rent of KRW 47,90,000 between the Defendant and the Defendant.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect to F, J, or K;

1. Each police statement made against L, M, or N;

1. Investigation report (Attachment to judgment on principal offender K and F);

1. Transfer of each case;

1. Contract documents for each lease vehicle;

1. Previous records: Application of Acts and subordinate statutes to the defendant's legal statement, inquiry report, investigation report (a confirmation while pending an appellate trial of each suspect A);

1. Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.

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