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(영문) 광주지방법원 2015.12.18 2015고단3273

횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant entered into a lease agreement stating that the Defendant may terminate the lease agreement and claim the return of the leased vehicle in the case of the lessee’s default on the lease agreement, and received the said vehicle in the case of the lessee’s default on the lease agreement. The Defendant: (a) concluded the lease agreement stating that the victim’s ice and the acquisition cost equivalent to KRW 7,0890,000 per month for the E-Ud passenger car in the amount of KRW 1,566,90 per annum; (b) the lease period is 60 months; (c) the lessee has the right to use the leased vehicle; and (d) the lessee may terminate the lease agreement and claim the return of the leased vehicle.

While the Defendant kept the said car on behalf of the victim company, around May 2014, the Defendant took out a loan of KRW 20 million from a person whose name cannot be known in the vicinity of the cultural transition station located in the Dong-gu in Gwangju-gu and embezzled by arbitrarily transferring the said car as security.

Summary of Evidence

1. Defendant's legal statement;

1. Police for the accused and each protocol of examination of the prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a motor vehicle lease agreement, specifications of a motor vehicle lease agreement, a copy of a motor vehicle registration certificate, and requests/collection;

1. In light of the fact that the sentence of punishment under Article 355(1) of the Criminal Act related to the relevant criminal facts does not completely recover from damage even though only the principal amount of damage caused by the reason for sentencing is 5,824,139 won, the punishment shall be imposed on the defendant; however, the punishment shall be determined in consideration of the fact that the defendant led to the confession of the crime and commits mistake, and that the defendant has no criminal record of the same kind as that of the suspended sentence or that there

For reasons above, it is decided as ordered within the scope of four months to one year and four months (the basic area of the first type of embezzlement crime) of imprisonment, which is the recommended sentencing guidelines according to the sentencing guidelines.