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(영문) 수원지방법원 여주지원 2019.10.15 2019고단77
횡령
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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On July 19, 2018, the Defendant was sentenced to one year and four months of imprisonment and six months of imprisonment at the Seoul Central District Court for fraud, etc., and the judgment became final and conclusive on July 20, 2018.

1. The Defendant: (a) purchased a high-priced leased vehicle to B, who is a branch of the vehicle, and (b) paid a monthly rent of KRW 10 million in cash; (c) paid a monthly rent of KRW 10 million; and (d) returned a car after five years; and (b) B decided to invite a person to purchase a leased vehicle and purchase a leased vehicle under C’s name.

On January 13, 2017, the Defendant entered into a lease contract under the name of C on the condition that the Defendant would pay KRW 1,723,848 each month for 60 months from January 1, 2022 of the market price of KRW 90,40,000, which is the market price of the victim E and the victim owned by the victim in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul, and embezzled the said AD car by transferring it to G around that time while obtaining the said AD car and keeping it for the victim.

2. The Defendant: (a) purchased a high-priced leased car to B, who is a branch, and (b) paid a monthly rent of KRW 10 million; (c) paid a monthly rent of KRW 10 million; and (d) returned a car after five years; and (b) B decided to listen to the horse and invite a person to purchase a leased car in H’s name.

On April 25, 2017, the Defendant concluded a lease contract under the H’s name on the condition that he pays KRW 1,948,327 each month for 60 months until April 25, 2022, under the condition that he/she pays KRW 1,948,327 of the market value of the victim E and the victim owned by the victim in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, and embezzled the said re-scheduled car by transferring it to the J around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness J;

1. Each protocol of examination of the suspect against the defendant and J by the prosecution;

1. Each statement of K, H, C, B, and L;

1. Each police officer against J, B, H, and C.

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