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(영문) 서울중앙지방법원 2013.07.23 2013고단1033
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 14, 2010, the Defendant entered into a lease agreement with the 1,243,969 won per month, through the sales business operator C of the shop of two vehicles in the 4-4 Hanmato Building in Seocho-gu Seoul, Seocho-gu., Seoul, through the Dogman's Dogtha Co., Ltd.

While the Defendant used and stored the said car in accordance with the lease agreement, on March 2012, the Defendant borrowed KRW 13 million from E of LAB Co., Ltd., Ltd., a LAD on the first time on March 2012, and provided the said car to the said E at will on the pretext of offering the said car as security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. An investigation report (calculated the value of a vehicle and related to ownership of a vehicle);

1. Summary of a lease agreement, summary of a lease agreement, termination of a lease agreement and notification of criminal complaint, application of an automobile registration certificate, a loan transaction agreement, and confirmation of statutes;

1. The scope of recommendation, sentence and sentence for sentencing under Article 355(1) of the Criminal Act regarding criminal facts: April to January (Basic Field) of the instant crime; the scale of total damages suffered by the victim due to the violation of the contract by the defendant, including the remaining value of the vehicle at the time of the instant crime; the payment of deposits to the victim company; the fact that the defendant has not committed a criminal offense; and the fact that the defendant has not committed a criminal offense; and the reason for various sentencing, such as the age, character and conduct of the defendant;

It is so decided as per Disposition for the above reasons.

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