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(영문) 서울남부지방법원 2017.11.10 2016고단5397
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant entered into a lease agreement with the Defendant on about 3,4750,000 won of the market price owned by the victim, between B and B, a partner of the Defendant, around October 1, 2014, and used the said car upon request by the injured party for the disposal of the said car.

The Defendant borrowed KRW 10 million from C and embezzled the said car as a security for the said obligation, while keeping the said car for the victim on February 2, 2016, and did not pay the monthly rent for the said car at that time. However, the Defendant embezzled the said car by borrowing KRW 10 million from C and providing it as security for the said obligation in mind.

Summary of Evidence

1. Statement by the defendant in court;

1. - A contract for the lease of motor vehicle facilities (operation lease),

1. - Motor vehicle registration certificate;

1. Statement made by the police against D;

1. A protocol concerning the suspect B of the police;

1. Investigation report (related to C and C);

1. - Application of Acts and subordinate statutes governing vehicle storage.

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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