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(영문) 수원지방법원 안양지원 2014.07.10 2013고단1717
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the actual representative of C Co., Ltd.

1. On September 28, 2012, the Defendant entered into a lease agreement between the victim company and the market value of 3880,800,000 won each month at the point of Gangnam-gu Seoul, Gangnam-gu, Seoul, the second floor of 630-2 New History Building, and embezzled the above vehicle as collateral by providing the victim company with the above vehicle for eight months, while taking out a loan of KRW 15,00,000 from the Seocho-gu, Seoul, and then providing the above vehicle as collateral for eight months.

2. On February 22, 2013, the Defendant entered into a lease agreement with Hyundai Capital Co., Ltd., Ltd. and the market value of KRW 58,100,000 per month to pay lease fees of KRW 1,237,500 per month for 48 months at the office of Hansung-dong, Seongdong-gu, Seoul, and embezzled the above vehicle owned by the victim by providing the above vehicle as collateral, while taking out a loan of KRW 15 million from the cross-dissected capital known at the Internet website on July 2013, the Defendant kept the said vehicle for the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F (No. 8,18);

1. G statements;

1. Each motor vehicle registration certificate (number 5, 13), copy of the business registration certificate (59 pages), copy of the corporate registration certificate (C Co., Ltd.), and the certified copy of the corporate registration (number 17);

1. Each examination table (number 2,10), and each application for the lease of a motor vehicle of Hyundai Capital (number 3,11);

1. The application of the Acts and subordinate statutes of the Preferred to in the Preferred to in the Preferred to in the Preferred to in the Schedule;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders was that the Defendant provided a security by borrowing money from a vehicle outside the country on two occasions.

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