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(영문) 인천지방법원 2015.06.10 2015고단349

횡령

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

The defendant is a heavy and rapid withstandingr.

The Defendant, around 14:00 on July 30, 2014, at the parking lot located in Namdong-gu Incheon Metropolitan City, Incheon, to return the car by a F-F-ro displayer with approximately KRW 34.5 million at the market price owned by his/her woman E for about 10 days, and received the said car and kept it for the victim.

On August 4, 2014, the Defendant provided the same car as security to the needy in front of the invoice in the Songcheon-gu, Seocheon-gu, Nowon-gu, and borrowed KRW 10,80,000 from the street and embezzled it for free consumption under the pretext of purchasing other used vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on registration certificates and text details;

1. In light of the pertinent legal provisions on criminal facts, Article 355(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing choice of imprisonment [the scope of recommending punishment] [the grounds for sentencing of imprisonment] [the grounds for sentencing] 1 (100 million won] (decision of sentence] (decision of sentence] of the basic area (4 to 1 year and 4 months) of the crime of this case / The crime of this case is considerably poor; the victim’s attitude is not good after the crime of this case; the victim’s attitude is not good after the crime of this case; the amount of damage is not substantial; most of the damage is not recovered

However, in full view of the fact that the defendant is recognized as committing a crime and is against the law, equity in the case that is pending in the Supreme Court's trial (2015Do6609) and other various sentencing factors, the sentence of escape from the recommended sentence like the order shall be imposed.