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(영문) 부산지방법원 2017.11.08 2016고단3455

횡령

Text

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

Reasons

Punishment of the crime

On August 27, 2014, the Defendant entered into a lease agreement with the victim-owned social service Korea Co., Ltd., Ltd., which is equivalent to KRW 6,552,720, the market price of the victim-owned vehicle, at the Hansung Motor Vehicle Business Office located in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, with the lessee-user C, for 36 months during the commitment period, 1,795,180 won each month, and kept the said vehicle for the victim. On September 27, 2014, the Defendant embezzled the said vehicle as collateral by disposing of it to the said lender.

Summary of Evidence

1. Statement of confession of a defendant in the first trial protocol prepared by this court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. The crime of this case on the grounds of sentencing of Article 355(1) of the relevant Act and Article 355(1) of the Criminal Act regarding criminal facts is not a good criminal liability in light of the following: (a) the Defendant arbitrarily disposes of the leased motor vehicle from the damaged company to incur property damage exceeding 50 million won; (b) the damage was not recovered; and (c) the escape was escape.

However, the sentencing conditions indicated in the records, such as the defendant's age, health, occupation, sex, family relationship, motive and circumstance before and after the crime, etc. shall be determined by taking into account the following factors: the defendant's violation of the Military Service Act, only one time of a fine for violation of the Military Service Act, and the sentence identical to the order shall be determined.