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(영문) 서울중앙지방법원 2015.07.15 2014고단5498 (1)

횡령

Text

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

Reasons

Punishment of the crime

On November 1, 2013, the Defendant entered into a car lease contract with the victim Hyundai Capital Capital Co., Ltd. and D Co., Ltd. with D Co., Ltd. with D Co., Ltd. with an amount equivalent to KRW 83.7 million for a lease period of 60 months, monthly payment of KRW 1,829,400 for the said vehicle, and operated and kept the said vehicle. On March 2014, the Defendant offered the said vehicle as security by borrowing KRW 15 million from bond companies who are not aware of their names in the vicinity of the Defendant’s house located in Gangnam-gu Seoul, Seoul.

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

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act (Selection of Imprisonment) of the option of criminal facts;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (100 million won) basic area (4 to one year and four months) (4 months); and

2. The sentencing conditions specified in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, the number of damages, and circumstances after the crime, even though the value of the damaged vehicle was 83.7 million won, the Defendant did not pay any damages except for the Defendant’s three lease fees, shall be determined as ordered, taking into account the following factors: