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(영문) 서울남부지방법원 2015.03.24 2014고단1136
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 4, 2013, the Defendant was sentenced to six months of imprisonment by the Seoul Southern District Court due to a violation of the Road Traffic Act (driving). The judgment became final and conclusive on January 8, 2014.

The Defendant, as a used vehicle with B 212 of Gangseo-gu Seoul Metropolitan Government, was a used vehicle with the intention of 500,000 won per month to C in lieu of borrowing the name necessary for the purchase of a vehicle from the lease to C, which was known at the meeting of North Korean defectors.

On December 28, 2012, the Defendant entered into a lease agreement with the Hyundai Capital Co., Ltd. for the victim under the condition that he/she would pay monthly KRW 1,452,200 for the 61,90,000 in the name of C, and for the 61,90,000 in the Hadong market of Gangseo-gu Seoul, Gangseo-gu, Seoul, for 36 months, while borrowing KRW 38,80,000 from E to E on June 10, 2013 while taking over the vehicle owned by the victim and taking over the vehicle for the victim, the Defendant embezzled the vehicle on his/her own as collateral.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. A complaint;

1. Examination table, an application for vehicle lease, a copy of tax invoice, a copy of a motor vehicle registration certificate, a deposit details, each certificate of vehicle transfer, a copy of each letter, or a copy of a loan certificate;

1. An investigation report (referring to the F related telephone investigation of a witness) and an investigation report (referring to the deposit account of the lease fee from the free capital);

1. Previous records: A copy of each judgment, and the application of Acts and subordinate statutes to inquire about the results of case search;

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

1. The sentence shall be imposed in consideration of the following: (a) the reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes [the scope of recommending punishment] and the reason for sentencing under Article 39(1) [the person who has no basic area (from April to one year and four months) [the person who has been specially punished] [the decision of sentence] and the amount of damage is not much recovered and the amount of damage is not completely recovered; and (b) there has been a history of having been sentenced to suspended sentence of imprisonment several times; (c

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