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(영문) 서울남부지방법원 2017.03.23 2016고단3258
횡령등
Text

Imprisonment with prison labor for the crimes of Nos. 1 through 5 in the judgment of the defendant, and for the crimes of No. 6, 7, and 8 in the judgment of the defendant, it shall be sentenced to eight months.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to four months of imprisonment for embezzlement at the Seoul Southern District Court (Seoul Southern District Court). On January 17, 2013, the Defendant completed the enforcement of the sentence at the Seoul Southern Southern District Court (Seoul Southern District Court).

"2016 Highest 3258"

1. From October 23, 2013, the Defendant forged a copy of the automobile facility lease agreement in the name of D, which is a private document document’s name, signed in the column of “D”, “F”, “D”, “F”, “D” in the resident number column, and “D” in the resident number column, and “F” in the resident number column, “D”, and “D” in the resident number column, and the joint guarantor column, signed in the “D”, and signed in the “D”, and signed in the “D”, which is a private document’s name, and signed in the “D”, and signed in the “D”, which is a private document’s name.

2. The Defendant at the time and place set forth in paragraph (1) submitted a forged motor vehicle facility rental agreement to the staff in charge of a lot Capital Co., Ltd., in which the said agreement was held.

3. The Defendant: (a) concluded a lease agreement to pay rent of KRW 1,899,800 per month to the victim’s HWE300 vehicles owned by the victim at the same time and place as set forth in paragraph (1) for 36 months; and (b) concluded the lease agreement to deliver the said vehicles to the victim; and (c) made the said vehicle arbitrarily embezzled by offering the said vehicle as security by borrowing money to the nominal and non-registered bond business operator in the Pyeongtaek-dong, Dongdaemun-gu, Seoul Metropolitan Government on the same day while keeping the said vehicle for the victim.

"2016 Highest 3322"

4. On January 1, 2015, the Defendant: (a) stated in Geumcheon-gu Seoul International Building No. 501, the Defendant did not have the intent or ability to take over the obligation even if the Defendant transferred the vehicle from the victim J; (b) stated, K via K that “the victim is liable for a debt of KRW 9 million and KRW 2 cargo vehicles with the victim’s vehicle as security at the cost of the passenger car.”

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