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(영문) 인천지방법원 2013.12.19 2013고단7491

횡령

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant entered into a lease agreement between Hyundai Capital Co., Ltd. and the victim with respect to the CNAS car, which is owned by the victim, with respect to the vehicle amounting to KRW 43,100,00, monthly rent of KRW 1,184,300, lease period of KRW 36 months, lease period of KRW 36 months, and the victim acquired the said car from the victim on the same day.

On September 5, 2013, the Defendant offered the said car to F, a creditor, for the purpose of securing an extension of the date of debt repayment to F, in front of the E office located in Nam-gu Incheon Metropolitan City, Nam-gu D.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Complaint;

1. Application of Acts and subordinate statutes on notarial deeds;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confessions of a criminal conduct and reflects against the criminal conduct, return of the vehicle after the crime of this case, agreed with the victim, and absence of criminal records exceeding the same kind and fine);