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(영문) 대구지방법원 서부지원 2016.09.02 2016고단711
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around March 12, 2015, the Defendant entered into a lease agreement with the victim Gag Capital Co., Ltd. and the Eibrid A6 car, which is its ownership, to the purchase price of KRW 59,30,000, monthly rent of KRW 1,114,600, monthly rent of KRW 600, lease period of 60 months, and “A (the Defendant)” of the vehicle ownership of the vehicle during the lease period, and received the said car at around that time.

While the Defendant kept the said car for the victim, around May 2015, the Defendant sold the said car to F at will prior to the aforementioned D Scambs, and embezzled the said car at a cost of KRW 10 million.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An application for lease of motor vehicle facilities and a written contract;

1. Notice of the scheduled termination of each lease contract;

1. Application of the Acts and subordinate statutes governing credit balance collection;

1. The reasons for sentencing under Article 355(1) of the Criminal Code of the relevant criminal facts include: (a) the fact that the defendant has a relatively recent history of having been sentenced to suspended sentence; (b) the embezzled vehicle has not been recovered; and (c) the victim has not reached an agreement with the victim; and (d) the sentencing conditions specified in the argument of the instant case, including the defendant’s age, character and conduct, are considered as having regard to the criminal facts

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