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(영문) 대구지방법원 2016.05.17 2016고단16

횡령

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2014, the Defendant entered into a lease agreement with Korea for social service of the Victim Alsia and E, the victim-owned E, to pay monthly rent of KRW 1,038,450 for 48 months at the D office located in Daegu Suwon-gu D, Daegu-gu, and embezzled by arbitrarily transferring the said vehicle to the Defendant’s creditor F on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes to a copy of a motor vehicle lease contract, a copy of a motor vehicle registration certificate, or a copy of notification of termination of a motor vehicle siren

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] Type 1 (the amount of less than 100 million won, the principal and interest expenses of lease fees: 41,30,559 won: 41,330,559 won) in the basic area (the amount of special sentencing for April to April 1) (the amount of special sentencing is nonexistent);

2. Consideration - Circumstances that take into account: radius, absence of record, and F’s request for debt repayment - the name and unfavorable circumstances in the instant crime - None of damage recovery - Other factors of sentencing specified in the instant records, such as the Defendant’s age, sex, state of health, home environment, motive, means, consequence, etc., shall be taken into account.