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(영문) 대전지방법원 논산지원 2015.11.13 2015고단96
횡령등
Text

Defendant

A Imprisonment with prison labor for one year and six months, and for six months, and for ten months, each of the defendants C shall be punished by imprisonment.

except that this judgment.

Reasons

Punishment of the crime

[2015 Height96]

1. On December 2013, Defendant A and Defendant C agreed to operate a mobile phone sales store as the victim and Defendant C, and Defendant C agreed to enter into a lease agreement with Defendant C on the passenger car sales company located in the Seo-gu Seoul metropolitan area with Defendant C (a person in a de facto marital relationship with Defendant C) with Defendant C and Defendant B (a person in a de facto marital relationship with Defendant C) for the purpose of attracting investment from other persons as seen above, and, upon the consent of Defendant C, Defendant C acquired the said car from Defendant C and kept it in custody for the purpose of attracting investment from other persons.

Defendant

A, while keeping and operating the said car as above for Defendant C, on April 2014, Defendant A borrowed the said car from J, a borrower, as a security of KRW 27,00,00,000 from around the Seocho-gu's house located in Seo-gu Daejeon, Seo-gu, Daejeon, to arbitrarily cut the said car.

Accordingly, Defendant A embezzled Defendant C’s property.

[2015 Highest 313]

2. Defendant C and A demanded a car to operate a mobile phone sales business with no financial capacity as a bad credit holder, and Defendant C through Defendant C offered to Defendant C, through “A would pay monthly installments for purchasing passenger cars in the name of B.” Defendant B was aware that Defendant C was a bad credit holder, and that there was no financial capacity for the debt, with the knowledge of the fact that Defendant C was a bad credit holder, and thus, Defendant C purchased a car in the name of the person himself/herself, and did not pay it to Defendant C.

As a result, the Defendants conspired to purchase a passenger car in order.

Defendant

A shall select a passenger car at K with a fixed rate and then be the defendant.

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