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(영문) 수원지방법원 2017.09.22 2015고단4384
횡령
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 5,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year of imprisonment with prison labor on April 19, 201 by means of fraud, etc. at the Suwon prison on January 15, 201, and the execution of the sentence was terminated at the Ansan prison on January 15, 201, and on August 27, 2014, Defendant A was sentenced to eight months of imprisonment with prison labor for fraud in the Suwon prison, and the judgment became final and conclusive on November 14, 2014.

[Criminal facts]

1. On October 17, 2012, at the E office operated by Party B in Gangseo-gu Seoul Metropolitan Government, Defendant A purchased the damaged company’s vehicle using the Ecoos vehicle in the name of the company operating by Party F in the name of the company in charge of the business of constructing the coos, which was promoted with F at the time, with F, and used and kept the coos vehicle from F on October 19, 2012 for the victimized company by using the coos vehicle in the name of the company in charge of the business of constructing the coos.

At the time, the defendant had failed to borrow money from others as a result of the lack of money while running the telecoming business at the time of strike, despite the absence of the intent or ability to repay the money, the defendant provided the above vehicle as security and received money from others.

On October 23, 2012, the Defendant borrowed 25 million won from the above E office to B and offered the said vehicle as a security, and subsequently, on November 5, 2012, the date of the payment date, the Defendant transferred the right to dispose of the said vehicle to B because it was impossible to repay the loan borrowed around November 5, 2012.

Accordingly, the Defendant embezzled the property of the victimized company.

2. Around October 2014, Defendant B received a demand from the operator of the above damaged company F to “the owner of the above vehicle who was provided as security by A, is the G operating company, and return it as security without consent,” and even though the above vehicle was aware that it embezzled the damaged company’s vehicle, Defendant B demanded a more amount than the Defendant’s anticipated during the process of the agreement with F in relation to the disposal of the above vehicle, and the purpose is to recover the above KRW 25 million.

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