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(영문) 서울중앙지방법원 2017.08.17 2017고단2800
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a real operator of D Co., Ltd.

On May 29, 2015, the Defendant: (a) around May 29, 2015, at the Seocho-gu Seoul, Seocho-gu Seoul Resignation Party (106-1), located in the Seocho Arts Exhibition Office, Oraland, Co., Ltd., Ltd. (D), prepared a 36-month agreement on vehicle lease for the Egyd vehicle owned by Gap, Inc. (36-month), and delivered the vehicle to another person on the condition that it does not transfer the vehicle or provide it as security, and used the vehicle.

Nevertheless, on February 2016, the Defendant borrowed KRW 40 million from a person who was not injured and delivered the above vehicle as a collateral and embezzled the above vehicle owned by the victim of KRW 131,818,182 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of subparagraph (D) to abstracts, such as an automobile registration certificate, original register of registration of a motor vehicle, automobile transaction contract, automobile lease agreement, automobile lease agreement, automobile lease agreement,

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant appears to have committed an offense by confessioning all the criminal facts; (b) the position to support his/her family members, including his/her parents; (c) the Defendant returned the vehicle to the victim and repaid the damage to the victim; and (d) the victim did not want to revoke the complaint; and (e) the Defendant used the money borrowed as security as operating funds of the Company D.

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