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(영문) 서울중앙지방법원 2018.03.29 2018고단596

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant entered into a lease agreement with the victim “Non-Bable Social Services Korea Co., Ltd. (hereinafter “victim”) and the victim company’s 40 million won in the amount of LBW U.S. amounting to KRW 695,904, the lease period of KRW 60, the lease period of 60 months, the vehicle owner is the lessee and the lessee has the right to use the vehicle. In the event the lessee fails to pay the lease fee, the lessee may terminate the lease agreement and claim the return of the vehicle, and the said vehicle was delivered.

While the Defendant kept the said car for the victim company, on January 2016, in the vicinity of the gallonian department store, the Defendant borrowed 6 million won from the nameless borrower, and embezzled the said car by arbitrarily transferring it as security.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Application of the accusation, lease application, the ledger of automobile registration, receipts, and statutes verifying contents;

1. Grounds for sentencing of punishment pursuant to Article 355 (1) of the Criminal Act and Article 355 of the Criminal Act concerning the facts constituting an offense;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than 100 million won) basic area (from April to January 4) (special sentencing factors)

2. The decision-making accused acknowledges the crime and reflects on it; and

Although the actual amount of damage of the victim company is not significant, it was not repaid.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.