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(영문) 수원지방법원 2017.08.18 2016고단6611

횡령

Text

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

Reasons

Punishment of the crime

The defendant is a real operator of corporation B.

Around March 7, 2013, the Defendant reserved ownership of DK9 automobiles worth 67,624,771 won at the market price from DK9, Inc., Ltd., Ltd., Ltd., Ltd., located in Masung-si, and entered into a car lease contract on the condition that KRW 1,531,000 per month would be paid for 51 months. On March 12, 2013, the Defendant reserved ownership of KRW 13,630,000 at the vehicle F agency located in Ansan-gu, Sinsan-si, the Defendant kept ownership of KRW 327,870,00 per month rent to the victim's Hyundai Capital Co., Ltd., Ltd., and operated the above vehicles on the condition that KRW 1,531,00 per month would be paid for the victim, and the vehicles kept in custody on the condition that KRW 1,500,000 per month would be sold to B, and KRW 1,700,000.

Accordingly, the Defendant embezzled two vehicles owned by the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect of H;

1. A written statement of I;

1. Application of the consultation table, consultation table, application for lease of a motor vehicle, registration certificate (D), motor vehicle registration certificate (G), deposit details, and the Acts and subordinate statutes of guidance on termination of a lease contract;

1. Article 355 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Reasons for sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act / [the scope of recommending punishment] Class 1 (less than 100 million won) and the basic area (from April to January 4) (the person who is subject to special sentencing]