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(영문) 서울서부지방법원 2017.06.23 2017고정325

횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around May 30, 2015, the Defendant entered into a lease agreement with Korea Co., Ltd. for EST5 cars with the victim Alphalalian social service D agency located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, under which the Defendant: (a) took money from F to transfer the said car as a security; and (b) embezzled the car equivalent to KRW 22.5 million at the market price of the victim’s possession by taking money from F to transfer the said car as a security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Notification of cancellation of a motor vehicle lease contract, collection of rent, comprehensive management, registration certificate, and application of Acts and subordinate statutes for financing for motor vehicle lease;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (including the fact that a measure has been taken to recover from damage, the fact that the defendant runs deeply against his fault, and the fact that the defendant has been punished once by a fine, in consideration of the circumstances);