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(영문) 수원지방법원 2019.10.25 2019고단1221
횡령등
Text

As to the crimes of the defendant in the 2019 Highest 1221 and the crimes in the 201 Highest 2687.

Reasons

Punishment of the crime

[criminal power] On September 10, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. in the Gyeyang Branch of the Suwon District Court on June 28, 2016. On August 11, 2017, the Defendant was sentenced to three years of suspension of execution for two years of imprisonment with prison labor for fraud in the Suwon District Court Ansan Branch of the Suwon District Court on April 20, 2018, and the said judgment became final and conclusive on November 13, 2018 on June 11, 2019.

[2019 Highest 1221] The defendant acts as a broker for a person who intends to provide a vehicle as security and borrow money to a person who intends to borrow money with a vehicle as security, and if the borrower fails to repay the principal and interest of the loan, he/she is the so-called "vehicle loan" broker who is requested by the victim to dispose of the vehicle as security and pays the proceeds to the victim.

1. Around March 7, 2018, the Defendant embezzled the sales proceeds of an AD car: (a) provided one of the instant automobiles (D) as collateral from the Defendant’s name partner in the victim’s residence located in Dongjak-gu Seoul Metropolitan Government; and (b) arranged a vehicle security loan (one month of loan period and 10% of interest per one month) that the Defendant borrowed 12 million won from the Defendant’s name partner; and (c) failed to pay the principal and interest of the instant loan; (b) on April 8, 2018, the Defendant was requested by the victim to dispose of the said AD car; and (c) disposed of the said car to the buyer of the said car and embezzled the said disposal proceeds by voluntarily consuming the said money in his/her cost of living, etc. from that date to May 2018 during the custody of the said disposal proceeds.

2. Around April 24, 2018, the Defendant embezzled the sales proceeds of the BMW car, upon being commissioned by the victim to dispose of one of the BMF passenger cars owned by him/her at his/her residence in the victim B, and the said passenger car is KRW 4 million to a sales agent of the BMW car.

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