Text
1. Defendant A
(a) The defendant shall be punished by imprisonment for six months;
(b)Provided, That the above sentence shall be imposed for a period of one year from the date this judgment becomes final.
Reasons
Punishment of the crime
Defendant
A around June 27, 2014, as the representative director of E, entered into a lease contract with the vehicle price “56,300,000 won”, “48 months”, “48 months”, and “98,050 won per month” in the name of the said state-E corporation with respect to social service Korea and BMW F vehicles, and kept the vehicle after taking over the vehicle.
Defendant
A around February 12, 2015, around February 12, 2015, transferred the above state E to Defendant B, Defendant B was an operator of the said state E, and Defendant A was to work as a director.
As the company operation funds are insufficient, the Defendants offered a public offering to borrow money from the above BMW vehicle owned by the victim as security to the bond company operator.
On March 27, 2015, Defendants: (a) borrowed KRW 10 million to an influent bond company; and (b) provided the said BMW vehicle market price as security; and (c) embezzled the said vehicle at KRW 47,377,531.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol concerning the interrogation of the Defendants by the prosecution
1. G statements;
1. Contract certificates, etc.;
1. The investigation report (the discovery of the relevant investigation records) (the defendant is deemed to be one other, but the defendant A forced the bond company that he knows to leave the above vehicle as security and forced the bond company that he knows to do so with B to obtain a certificate of the personal seal needed for the security of the vehicle and put it together with the keys to the vehicle.
The defendant B stated "(Evidence No. 155 pages)" (Evidence No. 155 pages), and the defendant B borrowed money from the defendant A to his friendship.
The statement of the court below was made (126 pages of the evidence record), Defendant A stated that it was silent about the fact that Defendant A was responsible for taking the vehicle as security (127 pages of the evidence record), and Defendant B was in charge of the dynamic test that Defendant B was in charge of the dynamic test that Defendant B was in charge of the inside (63 pages of the evidence record, Defendant B stated that he/she was in charge when he/she filed a complaint that Defendant B returned the vehicle on June 26, 2015, and on September 2, 2015, Defendant B stated that he/she was in charge of the vehicle.