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(영문) 대구지방법원 2017.02.10 2016고단5731
횡령
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On September 22, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for fraud at the Daegu District Court, and the judgment became final and conclusive on September 30, 2016.

[Criminal facts]

1. On June 26, 2015, the Defendant was handed over the said vehicle after concluding a lease agreement with the victim’s KRW 1,237,80,80 per month on the C-A6 vehicle owned by the non-us Capital Co., Ltd. at “the point where the U-U.S. E-U. O-U.S. L-U.S. L-U.S. L-U.S. L-U.S. L-U.S. L-U.S. L-U.S. Co., Ltd.” located in 305, U.S. L-U.M. L-U.S. L-U. L-U.S. L-U.S.-U.

By February 25, 2016, the Defendant paid the lease fee of KRW 11,239,904 and kept the said vehicle for the victim without paying the remainder of the lease fee. On March 25, 2016, the Defendant borrowed KRW 30 million from D at a mutual influent restaurant located in the Busan High-dong, Busan High-gu, Busan, and embezzled the said vehicle as security to D with the property of the victim.

2. The Defendant, on June 29, 2015, embezzled Korea Co., Ltd., Ltd., for the victim Non-Bable Social Services Korea Co., Ltd., entered into a lease contract with the victim Non-Bable Korea Co., Ltd., with the monthly lease fee of KRW 1,402,530, and the contractual period of KRW 60,00, at the location described in paragraph 1, 2015, and at the market price owned by the victim Non-Bable Korea Co., Ltd., Korea Co., Ltd., and received the said vehicle.

The Defendant paid only the lease fee of KRW 12,51,496 by April 25, 2016, and kept the said vehicle for the victim without paying the remainder of the lease fee. On May 2016, the Defendant borrowed KRW 35 million from F from F to F at the middle of the trade infinite coffee shop located in Busan Southern-gu, Busan, and embezzled the said vehicle as security to F.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Each complainant, ALPHERA Financial Application, ALPHERA Operation Lease Agreements, Operation Lease Terms and Conditions, ALPHERA Type B.

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