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(영문) 대전지방법원 서산지원 2015.05.22 2014고단965

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2014, the Defendant entered into a lease agreement with the Hyundai Capital Co., Ltd., Ltd., the Defendant: (a) entered into the lease agreement between the Defendant and the Defendant, stating that the lease amount of KRW 30,170,00, monthly rent of KRW 706,60, and the lease period of KRW 48 months; (b) the lease company may terminate the lease agreement if the lessee owns the leased company irrespective of the registered name and the lessee delays the lease fees, etc.; and (c) in such a case, the lessee shall return the leased company.

As above, while the Defendant kept the said car on behalf of the victim company, the Defendant embezzled the said car by lending KRW 10 million to E, which was later on May 10, 2014, and providing it as security.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application for vehicle lease, and guidance for termination of a lease agreement;

1. Application of statutes on motor vehicle registration certificates;

1. In light of the pertinent legal provisions on criminal facts, Article 355(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] [the grounds for sentencing of imprisonment] 1 (100 million won] [the decision of sentencing] / [the decision of sentencing] that there is no basic area (4 to 1 year and 4 months] of the basic area (the decision of sentencing] / although it is recognized that there is no criminal defendant's wrongness, the damage recovery is not made, the maximum amount of rent in arrears is unpaid from May 2014, and the defendant has a history of receiving vehicle purchase funds from the past (see the Seoul Central District Court Decision 2004Dadan29555].

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.