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(영문) 수원지방법원 성남지원 2018.04.12 2017고단2219
횡령
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative director of C Co., Ltd. established on April 15, 2015.

On April 2015, the Defendant purchased and changed the vehicle in the name of the company due to low credit to the victim C Co., Ltd. established for the above business in order to carry on the E development business, in the French coffee shop located in Seongdong-gu, Sungnam-gu, Sungnam-si, Sungnam-si. The Defendant purchased and paid the vehicle in the name of the company. The installment is responsible for the inside and the installment is paid, and if the installment is paid in full, the above vehicle will be transferred in the name of the company.

“The phrase “ was false.”

However, on December 21, 2012, the fact that the creditor F of the defendant was not capable of paying the installments in excess of the debt, such as provisional attachment on the 5/72 of the equity of No. 134 of G A, which is owned by the defendant on December 21, 2012.

Around April 13, 2015, the victim purchased a XF car and obtained a loan from a new card with a new card with a vehicle price of KRW 290 million, and the loan entered into an agreement on the installment financing of used cars with a monthly rate of KRW 925,430 per 36 months and delivered the said car to the defendant.

Nevertheless, the defendant did not pay only two installments and did not pay more installments, and caused the victim to pay 10,179,730 installments over 11 times in total, thereby acquiring pecuniary profits equivalent to the above installments.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. Determination

A. According to the records of this case, the following facts are recognized.

On March 2015, the defendant, the victim, and the I established C along with the company, and decided to undertake the E development project at the Southern City, and the victim decided to invest 150 million won in the above company.

After that, the above company was established on April 15, 2015, and the defendant and I as joint representative director, the victim as in-house director and completed the registration of incorporation.

As such, the defendant, the victim, and I are above.

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