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(영문) 서울동부지방법원 2014.09.18 2014고단2206
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 22, 2013, the Defendant: (a) purchased the Victim New Bag Capital Co., Ltd. and (b) 23,389,090 won in the market price as a lease agreement at a more clock spatha zone located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) paid KRW 268,412 per month for 36 months; and (c) provided the said c with the said c as a collateral in the vicinity of the Heak-dong in Songpa-gu, Seoul on April 2014, and embezzled it by providing the said c with the said clings as a collateral for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the lease contract, basic terms and conditions of credit, copy of a motor vehicle registration certificate, early appeal for the payment of arrears, and application of the Acts and subordinate statutes governing early termination;

1. Article 355 (1) of the Criminal Act applicable to the crime (Embezzlement and Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the sentence recommended by the sentencing guidelines (determination of type) . Embezzlement .. 10 million won (determination of the recommended field) basic area [the scope of the sentence of recommendation] 4 months to 1 year and 14 months;

2. The decision of sentence shall be made in the same manner as the order, comprehensively taking into account the following circumstances revealed in pleadings, including the fact that the defendant makes a confession and reflects the sentence, the fact that there is no history of punishment subject to punishment or punishment exceeding the fine for the same kind of crime, the fact that damage is not significant, and the age, character, conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime

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