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(영문) 창원지방법원 2017.04.21 2017고단174
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The case: the judgment of the Changwon District Court on July 15, 2016 on the violation of the Road Traffic Act (drinking driving): Imprisonment with prison labor for six months/ suspended execution: the lapse of two years: July 23, 2016; and the final judgment of July 23, 2016 / [criminal facts] Defendant is the actual operator of the C Co., Ltd. in the window B of Changwon-si.

On July 24, 2014, the Defendant received lease from the victim D Co., Ltd. to operate the E-motor vehicle, which is equivalent to KRW 59,148,710, the market price of the victim Co., Ltd. and KRW 36 months, monthly rent of KRW 1,515,700.

While the Defendant kept the said car on behalf of the victim, on July 2015, the Defendant embezzled the said car by providing F with F with a security of KRW 13 million for construction price claim against F C Co., Ltd. at the front of the office of the said C Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Punishment of one year by imprisonment with prison labor for the punishment of Article 39(1) of the Act on the Handling of Concurrent Crimes: Reasons for not recovering damage (including a total of 20 times, a total of 50 million won, and a total of 4 times, a fine for fraudulent embezzlement), the accumulated criminal records (including a total of 20 times, and a fine for fraudulent embezzlement), etc.; confession; criminal records, etc. by the latter part of Article 37 of the Criminal Act;

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