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(영문) 서울북부지방법원 2018.11.15 2017고단5703
횡령
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant established B Co., Ltd. around May 30, 2013 and worked as a intra-company director until the closure of the business on March 31, 2017.

On February 5, 2016, the Defendant entered into a lease agreement with D Co., Ltd. located on the 15th floor of Gangnam-gu Seoul building C, and between D Co., Ltd. and B Co., Ltd., the victim D Co., Ltd., on the lease amounting to KRW 72,327,260, monthly lease amounting to KRW 1,775,700, lease period of KRW 48 months, and the guarantor as the Defendant. On May 2017, the Defendant provided F Co., Ltd., the creditor of the said vehicle with KRW 15,00,000 and disposed of the said leased vehicle as security without the consent of the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written complaint;

1. A copy of the motor vehicle lease agreement;

1. A copy of registration certificate;

1. The Schedule to redeem the principal and interest and a detailed statement of transactions (for identification of the balance of debts);

1. Guidance on the scheduled termination of lease agreement;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for witnesses);

1. The relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, the Defendant’s reason for sentencing of sentence of imprisonment is against the time when committing the instant crime.

However, due to the disposal of the vehicle, the actual amount of damage will be 70 million won.

Although a considerable period of time has elapsed, damage has not been repaid.

However, in order to give the defendant an opportunity to recover from damage due to the lack of punishment at all, the defendant is not bound by law, and the punishment is determined as ordered.

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