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(영문) 서울동부지방법원 2017.11.23 2016고단4339
횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Seoul Central District Court on July 13, 2012, and completed the execution of the sentence at the Sungdong Detention House on December 26, 2012, and on June 23, 2017, the Defendant was sentenced to six months of imprisonment for an injury at the Seoul East Eastern District Court on June 23, 2017, and the said judgment became final and conclusive on August 30, 2017.

[Fact of Crimes] On July 2015, the Defendant: (a) at the “E” motor vehicle maintenance business establishment located in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu (Seoul) around July 2015, the Defendant was requested by the F, who was in a dual intercourse, to repair the HW car in the amount equivalent to KRW 46 million at the market price owned by the victim G.

While the Defendant kept the said car on behalf of the victim, from October 2015 to February 2016, the Defendant obtained a loan of KRW 14 million from the non-name credit service provider in the middle and high-speed trading market located in Dongdaemun-gu Seoul Metropolitan Government, and provided the said car as security and delivered it at will.

Accordingly, the defendant embezzled the victim's property.

On June 10, 2015, the Defendant of Dongdaemun-gu Seoul Metropolitan Government 621, on June 10, 2015, “A person who wishes to purchase a vehicle” for J-do 8 U.S. cars used by the victim I from the social corporation of Domina in the coffee shop located in Dongdaemun-gu Seoul Dongdaemun-gu.

It is desirable to deposit KRW 10 million with the buyer of the vehicle and to succeed to the obligation of the lease contract, such as the payment of the remainder of the lease fee on the back of the vehicle.

“A false statement” was made.

However, in fact, even if the Defendant received an accident vehicle at the time and accepted it at low cost, and borrowed a large amount of money on the security of the vehicle from the branch while engaging in the returning work, and the Defendant did not properly select the buyer of the vehicle and did not specify the buyer of the vehicle, it is free to receive the said vehicle from the injured party.

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