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(영문) 인천지방법원 2015.04.16 2015고단279

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 18, 2013, the Defendant entered into a lease agreement with the victim that he/she shall not transfer or offer the said car to another person without the victim’s prior written consent, and received the said car from the victim, at the office of the social service Korea Ltd. Co., Ltd., Ltd., which is located in the Jung-gu Seoul metropolitan area, with the content that he/she shall not transfer or offer the said car to another person without the victim’s prior written consent.

On November 19, 2013, the Defendant embezzled the property of the victim by borrowing money from D while keeping the said passenger car on behalf of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (F, hearing D telephone statements, etc.);

1. Application of contract certificates, an application for financial lease, an automobile registration certificate, copies of bankbooks, and statutes;

1. The provision applicable to criminal facts, Article 355(1) of the Criminal Act of the choice of punishment, grounds for sentencing of sentence [the scope of recommending punishment] [the grounds for sentencing of imprisonment] [the grounds for sentencing of imprisonment] 1 (100 million won] [decision of sentence]] does not reach an agreement with a victim / [the decision of sentence]. There are criminal records of a stay of execution one time and a fine 5 times (including the same kind 1 time). The fact that the crime is recognized and reflects the fact that the elderly is elderly, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc. shall be determined as per the order.