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(영문) 인천지방법원 2013.07.11 2013고단576
횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around January 14, 2011, the Defendant lent the FOE car to the victim E office located in Jeju-do, Jeju-do, under the condition of KRW 800,000 monthly rental fee and one year rental period, and kept the said car from around that time.

On January 14, 2012, the Defendant refused to return the said car without any justifiable reason even though the Defendant was demanded by the victim to return the said car, and embezzled the said car worth KRW 17 million at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to contracts, details of deposits, and written statement of performance;

1. Relevant Articles of criminal facts: Article 355 (1) of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant both recognized the facts charged and reflects the depth thereof, the fact that there has been no serious previous conviction, the return of the said vehicle to the damaged company, the degree

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