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(영문) 수원지방법원 2015.09.10 2015고단1358

횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around April 30, 2013, the Defendant entered into a lease agreement with the Defendant’s workplace located in Seongdong-gu Seoul Metropolitan Government, under which the Defendant would pay KRW 804,460 each month rent for 60 months from May 2013 to April 2018, by purchasing one Fenz C220 CDI car from the Defendant’s workplace.

On May 2014, the Defendant: (a) concluded a lease agreement and performed a duty to keep the said car for the victim’s company until full payment of all the lease fees was made; (b) provided the said car as security at will; and (c) embezzled the said car worth KRW 47,90,000 at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Complaints filed by the Korea Social Services Korea Ltd.;

1. Investigation report (GH and telephone call);

1. Application of Acts and subordinate statutes to report on investigation (report on attachment of comprehensive details to vehicles);

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

1. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act [the scope of recommending sentence] the mitigated area (one month to October) [the person subject to special mitigation] of the mitigated area (the scope of damage, etc. of the victim shall be considered in consultation with the victim; the extent of damage, etc. of the victim shall be considered in consultation with the victim; the defendant does not want the punishment of the defendant; and the defendant does not have any criminal record other than the fine of this kind] of the mitigated area (one month to October) of the Criminal Act;