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(영문) 대구지방법원 서부지원 2014.07.03 2013고단1500

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 10, 201, the Defendant entered into a car lease contract with the Korea Social Services Korea Co., Ltd. Co., Ltd., Ltd., Ltd., Ltd., Ltd., 207-1, Daegu Suwon-dong 201, on the condition that the Defendant would pay KRW 1,435,00 per month for 42 months, and received KRW 60,686,230 at the market price of the damaged company.

The Defendant borrowed KRW 15 million from D on November 14, 2012 and provided the said passenger car as collateral for the victim while keeping the passenger car for the victim who entered into the lease agreement as above.

Since then, while the defendant repaid the above borrowed money to D and recovered the above car and stored it for the victim, the defendant borrowed 15 million won again from D on December 2012 and provided the above car for the purpose of securing it.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. A copy of the loan agreement, a copy of the vehicle waiver certificate, and a copy of the automobile transfer certificate;

1. Application of Acts and subordinate statutes to an investigation report (car security D phone statement);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 (1) of the Election of Imprisonment or Imprisonment;

1. Of concurrent crimes, the sentencing range under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending sentence] Article 1 (1) (100 million won) shall be determined in consideration of the contents of this case in April, and the amount of damage acquired by the defendant considering deposit and lease fees paid by the defendant, and the amount of profits acquired by the defendant among concurrent crimes, such as the defendant's power.