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(영문) 광주지방법원 순천지원 2013.04.26 2013고단385
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant entered into a lease agreement with D Co., Ltd. in Seo-gu, Seo-gu, Gwangju and Ebenz 2350 car owned by the victim and received the said car.

On May 22, 2012, while the Defendant kept the said car for the victim, the Defendant provided a loan to the Defendant under the name of the Defendant’s Chok’s name at a non-concept place, and embezzled the said car by offering the said car as security in excess of KRW 107,061,260 of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A motor vehicle lease contract;

1. A detailed statement of automobile lease agreement;

1. Application of statutes on motor vehicle registration certificates;

1. Reasons for sentencing [the determination of types of punishment] under Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act (Selection of Imprisonment): The amount of actual damage = 29,121,260 won = 107,06,061,260 won in value of vehicles: (2,35,000 per month rent x 14 times + 29,970,000 won in deposit x 15,000 won in deposit x 14 times) basic area [the determination of the recommended area] 4 to 1 year [the scope of recommendation] [the amount of punishment] : In the case of embezzlement [the scope of punishment] applicable provisions of the Criminal Act: 15(1) of the Criminal Act; 1 to 5 years in the case of suspension of execution]

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