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(영문) 의정부지방법원 2018.06.20 2017고단5438

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant entered into a lease agreement with the victim on the condition that the victim pay 1,371,091 won per month for the social service owned by the victim (ju) non-MW 68,100,000 won for the social service in the Seoul metropolitan area of the Hannam-si, Hanam-si, Seoul metropolitan area, which was 331, BMW Dozzzynamic car, on the condition that the victim pay 6,810,000 won between 60 and 60 months.

However, on April 5, 2017, the Defendant: (a) delivered the said car to the person D (personal information omitted); and (b) on June 26, 2017, when the Defendant requested the return of the said car from the person who was in arrears with the rent due to the failure to return it, the Defendant embezzled the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. E statements;

1. A contract certificate, monthly payment details, and an agreement on management lease;

1. Details, such as a certified copy of automobile register, currencies and letters;

1. Application of the Acts and subordinate statutes to the complaint;

1. The relevant legal provisions on criminal facts and the grounds for sentencing of Article 355(1) of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] Class 1 (from April to January 4) in the basic area (the scope of less than KRW 100 million] [no person subject to special sentencing] [the decision of sentencing] [the amount of damage caused by the instant crime is significant, and no damage is recovered at all, etc., it is inevitable to punish the Defendant with severe punishment.

However, the sentencing conditions in the records, such as the defendant's age, sexual conduct, environment, motive or background of the crime, means and method of the crime, contents and result of the crime, the circumstances after the crime, and the scope of the recommended sentencing guidelines for the sentencing guidelines established by the Supreme Court and the sentencing guidelines shall be determined as ordered by considering the following: