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Reasons
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(영문) 대전지방법원 2015.04.08 2015고단404
횡령등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to two years of imprisonment for a crime of fraud, etc. at the Daejeon District Court on April 30, 2013 during the execution of the sentence, and the parole period has expired on July 4, 2013. On December 23, 2014, the Defendant appealed two years and six months of imprisonment for a crime of fraud, etc. and is still pending in the appellate trial.

1. On April 29, 2014, the Defendant forged private documents: (a) stated “AC”, “AC”, “AC”, “AC”, “AC”, “AC”, and “AC” in each letter of the vehicle delivery certificate form to the owner column of the vehicle delivery certificate form, “AC”, “AC” in the vehicle owner column of the vehicle delivery certificate form, and “AC” in the debtor column of the loan certificate form; and (b) affixed the seal of AC in possession of the name of the above AC, respectively, for the purpose of exercising the right to use the vehicle for the ACR BMW U.S. passenger car leased by AD for a long-term period by the LAC from the LAB office of the Daejeon PP office; and (c) affixed the seal of AC in possession of the certificate form following the name of the above AC.

For the purpose of exercising, the defendant, without authority, forged a letter of delegation, a certificate of vehicle transfer, a vehicle delivery certificate, a vehicle storage certificate, and a loan certificate in the name of AC, a private document on rights and obligations.

2. The Defendant borrowed KRW 20 million from Q at the same time and place as above at the same time and place, and delivered each falsified private document as if it were duly formed, and exercised the same.

3. The Defendant: (a) transferred the said car to the said Q as a collateral for borrowing KRW 20 million while keeping the said car that was lent and operated by the victim AC at the same time and place; and (b) embezzled it without permission.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement to AC;

1. Investigation report (A Q counterpart investigation, victim AC additional statement, and vehicle owner confirmation);

1. A previous conviction in judgment:

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