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(영문) 서울중앙지방법원 2018.01.17 2017고단4935
횡령등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the acquisition of stolen goods at the Seoul Central District Court, and the sentence became final and conclusive on December 1 of the same year.

Criminal facts

1. Around September 2012, the Defendant would bear not only all taxes, public charges, administrative fines, etc., but also all taxes, public charges, and administrative fines, etc., on the face of leasing the R8 vehicle under the joint name of the mother of the width and width to C, who is a post-university of the university.

“Along with C who responded to the foregoing, I agreed to lease Aar 8 vehicles in the name of Dong and Dong Dong and Dong D.

On September 21, 2012, the Defendant and C entered into a lease agreement on the condition that the Defendant and C shall lend and use the victim’s BMF social service (hereinafter “victim”)’s name-free employees for 60 months in the name of the victim Co., Ltd. (hereinafter “victim”) and C-D Co-ownership for 1,870,181 won in monthly rent while paying 60 months in 1,870,181, and the Defendant received the above vehicle from the non-name-free employees on the same day.

While the Defendant kept the said car for the damaged company, around June 2013, borrowed 40 million won from F to offer the said car as security at the trade in the infinite coffee shop in Gangnam-gu Seoul.

Accordingly, the defendant embezzled the above car amounting to KRW 80 million at the market price, which is owned by the victimized company.

2. When the Defendant was in arrears in paying the monthly rent of the leased vehicle as described in the preceding paragraph, the Defendant was required by the said C to “whether all the rent was paid, or not, deliver the vehicle to himself/herself.”

Accordingly, the Defendant would transfer the leased title to the above C in his father’s name.

In other words, as described in the preceding paragraph, the said C’s identification card, stamp, and seal certificate are kept by the said C, and the said C will borrow money from the said F as security.

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