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(영문) 수원지방법원 성남지원 2014.11.05 2014고단2045

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2014, around 12:00, the Defendant entered into a short-term rental agreement with the victim C to use the said car for 60 hours from the said date to 24 hours, and to return the said car to the victim on March 12:00 of the same month, at around 12:00, the Defendant paid the victim a rental fee of 1.50,000 won to the victim at that place.

At around 13:00 of the same month, the Defendant borrowed KRW 7 million from E on the 21st day of the same month and embezzled the said car as security at the market price of KRW 43,500,000, which was entrusted and managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A contract for automobile facility leasing;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. According to the pertinent Article of the Criminal Act, Article 355(1) of the Criminal Act, and the sentencing guidelines for sentencing of imprisonment, the recommended sentence against the defendant is between April and April.

(The sentencing criteria for embezzlement crime and the basic area of category 1). Considering the fact that the victim did not suffer damage exceeding 40 million won for the purpose of amusement, the sentence to the defendant is inevitable.

In addition, the punishment shall be determined as per the Disposition in consideration of the fact that the defendant is against his/her will, age, criminal records, etc.