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(영문) 대구지방법원 서부지원 2014.02.10 2013고단1222
횡령
Text

Defendants shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendants are co-representative directors of D Co., Ltd., a motor vehicle parts company located in Gyeongbuk-gun C.

On September 18, 2012, Defendants entered into a lease agreement with the Seoul metropolitan area located in Yongsan-gu, Yongsan-gu, Seoul to the effect that, with respect to E and Fensung Capital Co., Ltd., an employee of the injured party, and Fbenz l.350 and Gbenz Cl. l.350 automobiles, the injured party, 220,232,70 won, monthly rent of KRW 5,728,60, monthly rent of KRW 36 months, lease period of 36 months, lease vehicle is owned by the leased company, and the lessee is in arrears, the lease company may terminate the lease agreement, and received two said automobiles.

When the company operation funds are insufficient, the Defendants offered the said car as security and received money as loan, and kept two above cars for the victim. On September 21, 2012, the Defendants offered two above cars with money worth of KRW 30 million to creditors H at the aforementioned D parking lot, which is worth KRW 20,232,700 at the market price, as security.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint, - a copy of a motor vehicle lease agreement;

1. The application of the police statement law to I – the Defendants

1. Articles 355 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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