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(영문) 대구지방법원 상주지원 2015.04.14 2015고단76

횡령

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2011, the Defendant entered into a lease agreement between Hyundai Capital Co., Ltd. and the Defendant on the leased amounting to KRW 42,740,00, monthly rent of KRW 1,303,00, lease period of KRW 48 months, lease period of KRW 48 months, lease vehicle is owned by the victim company and the Defendant pays the remainder of the vehicle at the lease period of KRW 42,740,00,000, and the said vehicle was delivered on the same day on the same day.

While the Defendant kept the said car for the victim company, around April 2014, borrowed KRW 10,000,000 from the credit service provider (mutual name C) on his/her name and transferred the said car for the purpose of securing the said car.

Accordingly, the Defendant embezzled the car owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on application for goods and deposit details;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] Type 1 (4-100 million won) basic area (4-1 year and 4 months) [no person in special form] [decision of sentence] at the time when the defendant entered into a lease contract with the victim company, the value of the vehicle of this case at the time when the defendant entered into the lease contract with the victim company is approximately KRW 42 million, and the high-class market value of the vehicle of this case at the time of the crime of this case is approximately KRW 27 million.

In addition, the Defendant paid approximately KRW 44 million to the victim company as lease fees, etc.

See, see, e.g., the investigation record No. 111. The scope of damage of this case, which can be known in light of the above circumstances, and the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime.