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서울동부지방법원 2018.07.12 2018고단1348

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2015, the Defendant: (a) concluded a lease contract for a vehicle leasing a vehicle of KRW 68 million in the market price at the Busan Busan located at the Busan located at the Busan located at the end of 1217,00,000 won for each month; and (b) took custody of the said vehicle from the injured party on the condition of 36 months of lease; (c) without notifying the injured party on June 25, 2016, the Defendant borrowed KRW 20 million from “D” located in Seongdong-gu Seoul located in Seongdong-gu Seoul located in “D” to transfer the possession of the said vehicle of KRW 20,000 from “D”; and (d) provided the said vehicle as security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect to the prosecution (including G statements) 1 G of the accused;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is small and the victim has not been recovered, the Defendant’s liability is not less than that of a fine so far, but the Defendant has no record of punishment other than that of a fine so far, reflects the Defendant’s mistake, and imposes a judgment of suspension of execution by taking into account all the circumstances, such as the background of the crime and the amount