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(영문) 대전지방법원 2018.06.07 2018고단56

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On April 12, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for fraud, etc. at the Daejeon District Court on April 12, 2017, and the judgment became final and conclusive on April 20, 2017.

[2] On March 25, 2016, the Defendant leased one motor vehicle under the name of the Defendant at the 1128 Arosa (the State office) office of Tae-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, and at the 1128 Arosa (the State office) office to use the vehicle, upon the Defendant’s request from the mother-friendly C to use the vehicle, at the level of KRW 167,90,000,000, the market price of the victim's main sports capital in the name of C. The lease period of KRW 60 months, monthly lease amount of KRW 3,247,128.

Defendant

In addition, C intended to borrow money as security during the storage of the above vehicle owned by the victim, and around June 17, 2016, B provided the above vehicle owned by the victim as security by borrowing KRW 30 million from E and delivering it to the victim.

Accordingly, the Defendant, in collusion with C, embezzled DPole vehicle owned by the victim, and embezzled DPole vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

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

1. Complaint;

1. Investigation reports, details of gold in A5 imported new operating leases, details of calculation of the amount of intermediate payments repaid, applications for financial instruments of motor vehicle car lease, agreements on vehicle lease, contracts, estimates, certificates of seal impression, certified copies of resident registration cards, resident registration certificates, automobile registration ledgers, visiting reports, mail-certified items, and delivery details;

1. Previous convictions in judgment: Inquiry of criminal and investigation career data, investigation reports (final confirmation of judgment), and application of statutes of the judgment text;

1. Article 355 (1) and 30 of the Criminal Act applicable to the relevant criminal facts and Articles 355 (Selection of Imprisonment);

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reasons for sentencing under Article 39(1) are as follows; (b) the records, such as the following circumstances and Defendant’s age, sex, environment, family relationship, motive and consequence of the crime; and (c) the circumstances constituting the conditions for sentencing as specified in the present pleading.