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(영문) 대전지방법원 2014.06.27 2014고단1180
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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 21, 2013, the Defendant entered into a lease agreement for the C Co., Ltd. 1,063,500 won per month, and for the lease period of 60 months, at the store of Aridid sales of Arid-dong imported vehicles in Taedong-gu Daejeon-gu, Daejeon.

Around October 2013, the Defendant, while driving the said car and keeping it for the victim company, embezzled the said car owned by the victim by transferring the said car as security for KRW 13,000,000 with the acquisition value of KRW 56,30,000 for the loan to the name-free lender who became aware of through the Internet in the vicinity of the discharge from Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 (1) of the Election of Imprisonment or Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Sentencing, Type 1, area of mitigation, period of imprisonment from January to October (Pronouncement of Punishment] 6 months, period of suspension of execution of sentence 2 years, beginning crime, background of crime, partial recovery of damage, victim's non-satisfy, serious reflectivity, and social relation clearly;

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