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(영문) 인천지방법원 2014.11.26 2014고단5168
횡령
Text

A defendant shall be punished by imprisonment for six 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 February 8, 2013, the Defendant entered into a lease agreement with Hyundai Motor Co., Ltd. and the damaged company, through Hyundai Motor's business employees, on the Eystex 22,850,000 won at the market price of the damaged company, and the lease company's ownership for 48 months, the lease company has the right to use the leased vehicle, and the lessee has the right to use the leased vehicle, and the lessee is only entitled to terminate the lease agreement and claim the return of the leased vehicle if the lessee fails to pay the lease fee, etc., at the D office operated by the Defendant in Bupyeong-gu Incheon Metropolitan City.

As above, while the Defendant kept the said car for the victimized company, the Defendant borrowed KRW 6,00,000 from the credit service provider on the name-free loan around October 2013 as collateral and embezzled the said car by arbitrarily delivering it to the said credit service provider on March 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to the counseling table and application for the lease of modern Capitals;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (100,000) (1 to 10 months) of the mitigated area (20,000), the scope of the recommended punishment is not subject to punishment;

2. The sentence of this case is not to be imposed against the nature of the crime, but to be imposed against the above special mitigations and the above special mitigations, there is no significant penalty power exceeding the same kind and fine, the amount of damage and the amount of profit acquired by the defendant through the crime, and other various sentencing conditions such as the defendant's age, character and conduct and environment.

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