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(영문) 수원지방법원 2015.07.22 2013고단5610 (1)
횡령등
Text

The defendant shall be punished by imprisonment with prison labor for the crimes of Nos. 1, 2, 3, and 6 in the judgment of the court, and No. 4 and 5 in the judgment of the court.

Reasons

Punishment of the crime

[Criminal Justice] On May 28, 2010, the Defendant was sentenced to four months of imprisonment for fraud at the Jeonju District Court on November 23, 2010, which became final and conclusive on September 1, 2010, and the execution of the sentence was terminated in the Jeonju Prison on September 1, 2010. On August 28, 2014, the Seoul Central District Court sentenced four months of imprisonment for fraud and became final and conclusive on January 3, 2015.

[Criminal Facts 【2014 Highest 1237】

1. C: (a) around August 17, 2012, upon receiving D’s request to lend KRW 10 million to D as collateral a vehicle in front of the Chodong-dong, Suwon-gu, Suwon-si, Suwon-si; and (b) at the time D entered into a lease agreement with the social company, and (c) at the time D, with knowledge that at the time, it was owned by the victim company, the Esch Rexroth vehicle of KRW 61 million was provided for the purpose of security.

The Defendant, upon receiving C’s request to lend KRW 12 million to C as collateral the above Bosch Rexroth vehicles, lent KRW 12 million to C around August 20, 2012, while the Defendant, even though he was aware that the above Bosch Rexroth vehicles were owned by the victim company, kept the stolen after being provided as collateral.

[Criminal facts 【2014 Highest 4296】

2. On May 6, 2013, the Defendant lent KRW 5 million to the Victim F to the Victim F, and provided the Victim with the Victim’s low-priced vehicle worth KRW 1,424,00,00 at the market value, as a security, and kept it for the Victim. On May 6, 2013, the Defendant provided the Victim H with the above vehicle as a security and embezzled it by borrowing KRW 7 million to the Defendant.

[Criminal facts 【2014 Highest 5435】

3. The Defendant, at the “J” office located in Mapo-gu Seoul Metropolitan Government Itel 406 on May 2, 2013, lent KRW 5 million to the Victim K, and provided one Lbuster car equivalent to KRW 27 million in the actual market price owned by the victim as collateral and kept for the victim. On May 7, 2013, the Defendant borrowed KRW 10 million from M in the M’s office located in Seongbuk-si, Sungnam-si, and provided the said car as collateral at will.

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