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(영문) 대전지방법원 2017.04.20 2016고단3679

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2015, the Defendant entered into a lease agreement on the Efranchising car of the amounting to KRW 25,962,00 on the condition that D agencies located in Yangyang-si C pay monthly lease fee of KRW 736,600 for 60 months from December 16, 2015 to December 16, 2020.

The Defendant borrowed KRW 10 million from H on the front of the G coffee shop located in F at the time of the mid- July 2016, while keeping the passenger car owned by the victim under the above contract, the Defendant arbitrarily delivered the said car to H for the purpose of security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. An abstract of statement;

1. Investigation report (the H currency of a vehicle custodian);

1. Report of investigation (place where vehicles are provided);

1. The application of the provisions of Acts and subordinate statutes to the copy of the counseling slip, copy of the application for lease of Hyundai Capital Vehicles, copy of the notice of termination of lease contract, copy of the register of automobile registration, copy of the estimate for lease of modern Capital Capital Vehicles, copy of the deposit statement, copy of the deposit statement, and copy of the resume of

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Suspension of Execution Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) shall be selected by comprehensively taking into account the following factors: (a) the defendant's time to commit the instant crime and reflects the defendant; (b) the victim does not want the punishment of the defendant in agreement with the victim; (c) the defendant does not have the same criminal record and only the criminal record of a fine for the same type of crime; and (d) the defendant's age, sexual behavior, environment, motive, means and consequence of the instant crime; and (e) the conditions of sentencing and the scope of recommended sentences according to the sentencing guidelines of the

1. The community service order under Article 62-2 of the Criminal Act