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(영문) 대구지방법원 2012.07.17 2012고단2239

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 of the final judgment.

Reasons

Punishment of the crime

On September 29, 2010, the Defendant entered into a vehicle lease agreement, around 17:23, 2010, with the content that the Defendant would terminate the contract and return the said vehicle, and received the said vehicle from the light agency at the time of the light agency, which is equivalent to KRW 32,800,000, KRW 884,200 every month, for 44 months, to the victim Hyundai Capital Co., Ltd. and the BK7 vehicle at the market price of KRW 32,80,000.

While the Defendant kept the said vehicle for the victim, on May 201, the Defendant transferred the said D to E at the main office of the Defendant’s management (ju) office located in the Daegu Northern-gu, Daegu Northern-gu, to the Defendant, and issued the said D arbitrarily.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [decision of types] Embezzlement the crime of embezzlement and breach of trust [Special Convicts] mitigated elements: Where the degree of violation of duties is minor [decision of the recommended field] [Scope of sentence and sentence] mitigated elements] 1 month or October / [where the crime of occupational embezzlement and breach of trust is not an element of mitigation: Where the crime of embezzlement is not an element of occupational embezzlement or breach of trust [whether suspended sentence is suspended] Major reasons for participation [where the degree of violation of duties is minor]: There is no criminal record above the suspension of execution [decision of sentence] if the degree of violation of duties is minor, there is no criminal record above the suspension of execution (decision of sentence] (decision of sentence] A transfer of the leased vehicle of this case being used for business to E without the consent of the victim, unlike the initial promise, and the circumstances should be considered in this case, and the defendant already paid lease fees of approximately 13 million won to him/her, and only orders of a fine shall be imposed.

It is so decided as per Disposition for the above reasons.