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(영문) 인천지방법원 부천지원 2015.07.24 2015고단1183

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 23, 2014, the Defendant entered into a car lease agreement with the victim large haha A8 vehicle owned by the social service Korea Co., Ltd., Eidi Aridi A8 vehicle, which is located in the D office located in Yangcheon-gu Seoul Metropolitan Government, with the monthly lease fee of KRW 3,482,978, and the lease period of KRW 44 months and received the said car.

Around July 1, 2014, the Defendant: (a) borrowed KRW 22,00,000 from the borrower in the vicinity of the 1st floor G of the 201st floor in order to pay the debt to H when the Defendant was operating the said car and kept the said car for the victim company; (b) prepared a letter to delegate all the authority to sell the vehicle to H; and (c) transferred the said car with the acquisition value of KRW 141,18,040 as a collateral for the said obligation.

Accordingly, the defendant embezzled the above car owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each investigation report (as to submission of data by a complainant)

1. Application of the motor vehicle register(A), content certification, motor vehicle sales contract(s), motor vehicle operation lease agreement(s), status of overdue claims, transaction details, loan transaction agreement(s), note(s) and written consent for vehicle use, legal procedure attachment guidance(s) and bond transfer and receipt(s) to Acts and subordinate statutes;

1. The grounds for sentencing [the scope of recommending punishment] Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act for the relevant criminal facts and the reasons for sentencing [the scope of recommending punishment] Article 2 (1) (1 to 50 million won) (1 to 3 years) of the basic area (1 to 50 million won)] (1 to 3 years] of the Criminal Act (the decision of sentencing] of the defendant is recognized as having mistakenly recognized the defendant, but it is inevitable to sentence the defendant, considering that the vehicle

In addition, the defendant's age, character and conduct, environment, health status, family relationship, motive, means and result of the crime, etc., the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime.