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(영문) 광주지방법원 2014.06.26 2014고단1061
횡령
Text

A defendant shall be punished by imprisonment for six months.

Provided, 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

On June 12, 2012, the Defendant: (a) around 12, 2012, at a modern car new agency located in the new town in Gwangju Mine-dong, provided the victim Hyundai Capital Co., Ltd. with a lease of an amount equivalent to KRW 290,70,000,000 in the market price of the Blusan car owned by the victim for the sake of the victim; and (b) around April 2013, the Defendant embezzled it by providing the lender of the vehicle on his name in front of the 50,000,000 won and 5.5 million won

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused suspect interrogation protocol;

1. C's summary of statement;

1. A copy of a motor vehicle registration certificate or the motor vehicle register;

1. Application of Acts and subordinate statutes of the car lease agreement, a copy of the automobile lease agreement, a statement of particulars of payment, a copy of the certificate of contents, and the domestic registration/spool postal service;

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

1. In light of the fact that the value of the embezzled vehicle by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act reaches 29 million won, but the victim has not been repaid at all, it is inevitable to punish the defendant accordingly.

However, in full view of the circumstances such as the fact that the defendant has no criminal records exceeding fines, and other circumstances such as the defendant's age, character and conduct, background leading to the crime of this case, circumstances after the crime, etc., the defendant shall be sentenced to imprisonment with prison labor for up to four months and one year and four months [the basic area of category 1 (less than KRW 100 million) from among the crimes of embezzlement and breach of trust committed by the crime of embezzlement and breach of trust] according to the sentencing guidelines, and the defendant shall be sentenced to a suspension of the execution of imprisonment with prison labor for the defendant only once.

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