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(영문) 수원지방법원 2018.06.29 2018고단450

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 8, 2016, the Defendant entered into a contract for social services Korea Co., Ltd. and automobile operation lease with respect to one victim Mercedes-AM GLE 63M in the Dongdaemun-gu Seoul, Seoul, Seoul, with respect to 360 Scedes-GLE 63M vehicles.

However, the Defendant, from August 5, 2017, failed to pay the lease fee under the above lending contract from around August 5, 2017, and thus, the lending contract should be terminated around September 20, 2017 and returned the above vehicle owned by the victim and embezzled by refusing to return the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. An agreement on leasing motor vehicle facilities, a detailed statement of deposit, and a notice of confirmation on termination of a contract;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than 100 million won) basic area (from April to January 4) (special sentencing factors)

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

A favorable condition: A normal condition that has no record of punishment exceeding the same kind of punishment or fine: A state of damage and the failure to recover the damage;