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(영문) 인천지방법원 2017.05.31 2016고단8728

횡령

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 5, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for injury at the Incheon District Court on April 5, 2015, and the above judgment was finalized on December 9, 2016.

The defendant is the actual operator of corporation D in the Namdong-gu Incheon Metropolitan City C.

On October 21, 2011, the Defendant entered into a vehicle lease agreement with the victim Es Es Es Es. S. Co., Ltd. (hereinafter “victim”) and the 16.1 million won (hereinafter “victim”) at the office of the said Co., Ltd. from October 26, 201 to October 25, 201, to pay KRW 46,000 per month during the period of 36 months from October 26, 201 to October 25, 2014.

Defendant was in custody of a vehicle for the victim company in accordance with the aforementioned lease agreement, and was demanded by the victim company to notify the termination of the contract and return the vehicle around March 18, 2013, as it was impossible to pay the rental fee from July 25, 2012.

Nevertheless, around June 8, 2013, the Defendant arbitrarily delivered the above sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect to I or J;

1. Statement made to K in the police statement;

1. Notice of a vehicle lease contract and termination of the contract;

1. Previous convictions in judgment: Investigation report (verification of the confirmation of a separate judgment), inquiry of summary information of the case 2014 High Court of Incheon District Court, 9440 High Court, and application of the text of the judgment;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Defendant, on the ground of sentencing under Article 62 of the Criminal Act, failed to pay rent for the motor vehicle leased from the injured party, provided it as security to another person and embezzled it, and did not recover the damage without being contacted by the injured party for a long time.

Accordingly, the defendant is sentenced to imprisonment.