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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a substantial operator of C Co., Ltd.
[2015 Highest 1641] On October 29, 2013, the Defendant entered into a lease agreement with the victim capital Co., Ltd. (BMW) in the name of the lessee Co., Ltd. and C Co., Ltd. with respect to the car of KRW 36 months, the lease fee of KRW 1,650,50 for the car of KRW 520,000 in the name of the lessee Co., Ltd., and kept the said car on November 2013.
On September 2014, the Defendant offered the said BMW car as security to the above C Co., Ltd. office, and borrowed KRW 10 million to the name-free persons.
Accordingly, the defendant embezzled the victim's property.
[2015 Highest 1830] On November 25, 2013, the Defendant entered into a lease agreement with the lessee Co., Ltd. and C Co., Ltd. with respect to Frightd passenger cars in the name of the lessee Co., Ltd., for a period of 36 months, lease fee of 1,653,000 won. On December 2013, 2013, the Defendant received the said car and kept it in custody.
On August 2014, the Defendant offered the said AD car as security at the office of the said C Co., Ltd. office and borrowed KRW 15 million to G.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
[2015 Highest 1641]
1. Defendant's legal statement;
1. The police suspect interrogation protocol of H;
1. Protocols of I;
1. Written Statement;
1. A copy of each fact confirmation by K and G;
1. 자동차 시설대여(리스)계약서, 리스계약 해지예정통보, 자동차등록증, 채권 잔액 조회, 스케쥴 대비 입금 현황, 회수 활동 내역, 자동차등록원부 각 사본 [2015고단1830]
1. Defendant's legal statement;
1. The police suspect interrogation protocol of H;
1. Statement of the police concerning L;
1. A copy of each fact confirmation by K and G;
1. Motor vehicle lease contract, motor vehicle sales contract, termination of each lease contract, notification of vehicle return, non-delivery report of motor vehicle and operating lease fee;