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(영문) 인천지방법원 2016.07.14 2015고단6641

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 29, 2014, the Defendant is in possession of the leased company, and the Defendant is in possession of the leased company and shall not transfer, substitute, or provide it for the purpose of security, with respect to the EMW 320D automobiles, which are owned by the victim, in the D MW 320D market located in Yongsan-gu, Yongsan-gu, U.S. (U.S.) on May 29, 2014. < Amended by Act No. 47,939,630, Sep. 630, 200; Act No. 921, Jan. 149, 2014>

The term “a lease agreement was concluded and the said passenger car was delivered.”

While the Defendant kept the said car on behalf of the victim as above, the Defendant sold the said car at will to the influence of the name of the bond manager in the street located in the Dong-dong-gu Dong-gu, Busan Metropolitan City around June 2014.

Accordingly, the Defendant embezzled one motor vehicle owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes attached to a copy of an application for the lease for operation of the BMW press deposit type;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100 million) basic area (from April to January 1) (no person subject to special sentencing)

2. In light of the following: (a) the sentence of sentence was not agreed with the victim; (b) the vehicle has not been recovered; (c) the Defendant paid some rent; (d) there was no record of punishment exceeding the fine imposed on the Defendant; and (e) the Defendant’s age, occupation, sex, environment; (b) the process and motive leading to the instant crime; and (c) the conditions of all the sentencing recorded in the records, such as the circumstances before and after the instant crime.