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(영문) 광주지방법원 순천지원 2017.08.24 2016고단797

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 24, 2014, the Defendant paid rent of KRW 554,00 per month from October 16, 2014 to October 16, 2018, to the victim 54,000 per month, while the victim company terminated the lease contract and entered into a lease agreement to recover the said motor vehicle, and received the said motor vehicle from the victim company.

The Defendant refused to pay rent from May 2015, when he kept and used the foregoing vehicle, and the lease contract was terminated on January 12, 2016, and the Defendant requested the victim to return the said vehicle from the victim company around that time.

Accordingly, the Defendant embezzled the vehicle owned by the victim company.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. A motor vehicle lease contract, details of interest in arrears, termination of the contract and notification of return of the motor vehicle, and application of statutes governing motor vehicle registration certificates;

1. Relevant provisions of the Criminal Act, Article 355(1) of the Criminal Act regarding criminal facts, and Article 355(1) of the Criminal Act regarding the defendant’s reasons for sentencing a sentence of imprisonment, are favorable to the defendant that he/she has no record of the same criminal history

However, the sentencing conditions, such as the amount of damage of this case, the amount of unpaid rent, the amount of the defendant's contact with the investigation agency and the court, shall be comprehensively considered and determined as ordered.