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(영문) 인천지방법원 2013.11.20 2013고단5609

횡령

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 9, 2013, the Defendant was sentenced to one year and six months of imprisonment for occupational embezzlement at the Incheon District Court, and the said judgment became final and conclusive around that time.

【Criminal Facts】

On June 20, 2012, the Defendant entered into a lease agreement with the employee in charge of loans in the name of Hyundai Capital Capital Co., Ltd. for 60 months and 986,100 won each month at the office of the Namdong-dong, Incheon, Nam-gu, Incheon, which provides that the Defendant shall pay the leased fee of KRW 40,660,00 each month, and the Defendant was transferred the said car to the victim’s market value of KRW 40,660,000 as the market value owned by the victim and embezzled it on February 20, 2013, while being kept and used for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An application for automobile lease;

1. Previous records: Criminal records, etc. inquiry reports and the application of a copy of judgment;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the injured party does not want punishment);