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(영문) 광주지방법원 목포지원 2015.07.24 2015고단405
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On August 29, 2014, the Defendant entered into a lease agreement with the victim Filisung Capital Co., Ltd. office located in 235 according to the distribution of Seocho-gu Seoul, and with the victim’s market value of KRW 51,900,000, the amount of KRW 51,900,000 for one vehicle owned by the victim, with the lease term of KRW 36 months, monthly lease fee of KRW 1,294,900, and had the victim keep the said vehicle for the victim while operating the said vehicle.

On May 10, 2014, the Defendant borrowed KRW 12 million from the new forest road in Seoul Special Metropolitan City, to C, whose name cannot be known, and embezzled by offering the said car as security.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of a motor vehicle lease contract and an automobile registration certificate statute;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria (determination of types) : Type 1 (less than KRW 100 million) (the scope of recommendations) (the scope of recommendations) basic area, April - April 1 year and April 1 (no special person shall be punished);

2. In light of the fact that the Defendant recognized the crime of this case and appears to have committed the crime of this case, the Defendant had no record of criminal punishment for the same kind of crime before, and there is no record of criminal punishment heavier than the fine, the Defendant’s age, character and conduct, environment, health conditions, motive and circumstance of the crime, and the circumstances after the crime, etc., the sentence against the Defendant shall be determined as ordered.

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