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(영문) 서울동부지방법원 2016.06.16 2016고단954
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On May 31, 2013, the Defendant was sentenced to imprisonment with prison labor for forgery of private documents at the Seoul Central District Court on one year and six months on June 13, 2014 and completed the execution of the sentence at the Seoul Southern Prison.

[2] On March 17, 2015, the Defendant entered into an automobile lease agreement with the Korea Social Services Korea Co., Ltd., Ltd., and with the leased object DST3 vehicle owner at a lease fee of KRW 381,750 per month, and on May 22, 2015, the Defendant entered into an automobile lease agreement with the victim and the lease object E QM5 vehicle owner at a lease fee of KRW 55,060 per month.

In accordance with the above lease agreement, while the Defendant was operating and keeping two said vehicles by delivery from the injured party, the Defendant was granted a loan of KRW 39,548,000,000 to KRW 11,00,00 from the JB from the JB wave in the Gyeonggi-si of Gyeonggi-si on June to July of the same year, and embezzled the said two vehicles by delivering the said two vehicles to the person in charge of the said lending company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The details of calculation of the amount claimed for the termination of compulsory termination of a lease, the collection and comprehensive management of respective lease fees, each motor vehicle registration certificate, notification of termination of a contract, and an application for a vehicle lease finance;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (Attachment of the text of the judgment), text of the judgment, personal identification and acceptance status;

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

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] There is no basic area (from April to April) (the basic area (the period of less than KRW 100 million) / [the person subject to special sentencing] / The sentence is determined] 2 motor vehicles (the amount of damage plus approximately KRW 40 million) but it is not agreed with the victim, and it is a repeated crime. In light of the fact that the defendant is a repeated crime, it is inevitable to sentence the defendant.

In addition, the defendant's age, sex, circumstances leading to the crime, circumstances before and after the crime, etc. shall be recorded.

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