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(영문) 대구지방법원 2017.12.21 2017고단1898
횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 6,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On February 14, 2013, the Sports Industry Promotion Association, an incorporated, entered into an automobile lease agreement on condition of paying rent of KRW 1,636,700 on the 25th day of each month from March 25, 2013 to February 25, 2017, on condition of paying rent of KRW 1,636,70 on the said vehicle, but the said vehicle was not paid as the guarantor, and the vehicle lease agreement was actually received from the Sports Promotion Association of Korea on condition of paying rent of the said vehicle on January 2016.

Defendants: (a) around February 15, 2016, around the Seoul Gangnam-gu Seoul Metropolitan Government Office, succeeded to the lease agreement on the instant vehicle under the condition that they would pay the victim company the remainder of the lease fee of KRW 23 million, in front of the G Office in the Gangnam-gu Seoul Metropolitan Government Fund, and received the said vehicle from the victim company.

The Defendants, upon the lack of business funds at the time, paid money by offering the instant vehicle as collateral. On February 27, 2016, the Defendants embezzled the instant vehicle in the amount of KRW 49,264,00,00 at the market price owned by the victim company, by taking Defendant B’s back from Defendant B’s after-sale at the coffee shop near the Daegu Geum-gu Handong-gu, Daegu-gu, and by taking advantage of KRW 12,00,000 from Defendant B, thereby failing to comply with the request for return of the victim company.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol of suspect interrogation of each police officer regarding E;

1. Statement made to I by the police;

1. A complaint and an additional complaint;

1. Each investigation report (the call with witness B, confirmation of the original register of automobile registration, additional accusation by the complainant, and the call with witness H) (each of the above evidences).

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