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(영문) 대구지방법원 서부지원 2017.03.31 2016고단1113
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant entered into a lease agreement and received the said car at a coffee shop, where the trade name in the Daegu Suwon-gu, Daegu-gu, No. 11113 is unknown. The Defendant would pay Cropodi A6 car totaling KRW 1,557,500 every month from the victim Dogtha Co., Ltd. for 48 months.

While the Defendant kept the said car on behalf of the victim on January 2015, the Defendant embezzled the said car equivalent to KRW 68,242,000 at its market price by arbitrarily delivering it to D (E) as a collateral for debt, at the coffee shop where the trade name in the Daegu Suwon-gu is unknown.

The defendant of "2017 Highest 446" is the owner of FNpon-si vehicle.

On April 28, 2014, the Defendant borrowed KRW 20,000 from the victim (ju) Dog Capital, and provided the FY vehicle owned by the Defendant as security to the mortgagee on May 7, 2014, and created a mortgage over KRW 10,00,000 in the value of the claim.

On May 2015, the Defendant transferred the said vehicle to the “G”, a bond company, for the purpose of securing the money borrowed by the Defendant, at the Seogu Seo-gu, Daegu-gu, and made it difficult to discover the location of the said vehicle.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

"2016 Highest 1113"

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Complaints, contracts for the lease of motor vehicle facilities, motor vehicle registration certificates, and certificates of employment "46 high-class 446";

1. Statement by the defendant in court;

1. A supplementary statement of the I;

1. Application of Acts and subordinate statutes on loans payment orders before 2015, 3370

1. Relevant Article 355(1) of the Criminal Act, Article 323 of the Criminal Act, and the choice of imprisonment for a crime

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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