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(영문) 의정부지방법원 2014.05.19 2014고단759

횡령

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the District Court of the Republic of Korea on November 29, 201, and the judgment became final and conclusive on April 12, 2014.

On May 9, 2013, the Defendant arbitrarily transferred the said vehicle to Hyundai Capital Co., Ltd. in Dobong-gu Seoul Metropolitan Government on the condition that he/she would pay E. 26,795,120 won per month to E. 576,80 won per month for 60 months, and embezzled the said vehicle under the pretext of its security, while he/she was in custody of the said vehicle on a long-term lease from F around July 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application for lease, terms and conditions of a motor vehicle lease, cancellation of an invoice for termination of a motor vehicle lease, and guidance for termination of a lease contract;

1. Previouss before and after judgments: Criminal records, references to criminal investigations, reports on criminal investigations, and application of statutes (Korean Government District Court Decision 2013No2755);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of the Suspension of Execution] The reason for the sentencing of Article 62(1) of the Criminal Act / [Decision of the Sentencing] Type 1 (100 million won] [Decision of the Recommendation field] / [Scope of Recommendation] 4 to 1 year and 4 months / [In the event that the mitigation element is not occupational embezzlement or breach of trust, it shall not be seriously reflect - In the event that the crime of embezzlement of aggravated factors is not occupational embezzlement or breach of trust / [Suspension of Execution] - Major reasons for major reference : negative agreement - Where the degree of positive violation of duties is minor, where the extent of actual damage is considerably small - there is no effort for recovery of negative damage - General reference reason - Decision of the Decision of the Suspension of Execution is made as ordered by the Disposition on Grounds of