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(영문) 광주지방법원 목포지원 2015.05.29 2015고단317
횡령
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On February 18, 2014, the Defendant was sentenced to imprisonment with prison labor for the crime of embezzlement in the Goyang Branch of the District Court for the District Court, and the judgment was finalized on August 22, 2014.

On December 12, 2011, the Defendant entered into a lease agreement with the victim company on the lease term of 36 months, deposit amount of 11,80,000,000 won, monthly lease amount of 1,439,60 won (the first time payment of KRW 1,537,590, and the 17th day of each month) with the victim company, and received the delivery of the said ASEAN car by determining the lease term of 36 months, deposit amount of 11,80,000 won, which is equivalent to the market price of 59,000,000 won owned by the victim KB Capital Co., Ltd. (former Social Co., Ltd.).

As above, while the Defendant kept the said AD car in custody for the victim pursuant to the car facility leasing agreement, on May 2013, the Defendant offered the said AD car as security by borrowing KRW 19,00,000 from an employee on the non-name of the C building located in the Seocho-gu Seoul Special Metropolitan City, Seocho-gu, Seoul Special Metropolitan City on May 2013, 201.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1.-Agreement on Motor Vehicle Lease, - Terms and Conditions, - Motor Vehicle Register, - Notification of Termination of Lease Contracts and Request for Return of Rental Vehicles.

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records of a suspect A), and application of Acts and subordinate statutes of judgment;

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

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act do not apply to concurrent crimes, which are concurrent crimes in the latter part of Article 37 of the Criminal Act.

The defendant and his defense counsel argued that the unpaid lease fee is about 14 million won, although the defendant and his defense counsel did not agree with the victim and that the unpaid lease fee is about 14 million won, according to the calculation of early termination (Evidence No. 12 of the record), the actual damage amount of the victim company exceeds 3,500 won.

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