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(영문) 제주지방법원 2014.12.05 2014고단1200
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 July 13, 2010, the Defendant entered into a lease agreement with the victim Aju Capital Co., Ltd. at the Busan District Office located in the Mine-dong located in Suwon-gu, Busan, the lease agreement with each of the lease agreements with the victim, which set forth KRW 46,421,752, the lease period of KRW 36 months, monthly rent of KRW 1,334,282, and received the said vehicle. According to the above lease agreement, the ownership of the leased vehicle is the victim regardless of the vehicle registration name, and the Defendant, if the lease agreement is terminated, shall immediately return the vehicle on the date of termination of the contract.

While the Defendant kept the said car on behalf of the victim, on March 2013, the Defendant borrowed KRW 10 million from C at an irregular place and embezzled by providing it as a security for the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to lease contract, vehicle registration certificate, peremptory notice, and statement of settlement of termination of lease;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 355 (1) of the Criminal Act and the choice of imprisonment;

1. Suspension of execution: The scope of recommendation and sentence [the scope of punishment of embezzlement crime group, type 1 (less than KRW 100,000), basic area, term 4 months - April 1] on the grounds of sentencing [the scope of punishment of embezzlement crime group, type 1 (less than KRW 100,000), basic area, term 4 months] and the following circumstances are considered, and the sentence is determined as indicated in the order. favorable circumstances are recognized and contradictory: there are no criminal records exceeding the same criminal record or fine; there are no criminal records beyond the same criminal record or fine; there are no records of criminal punishment after 2003; damage amount is small; there are no considerable arrears; however, the sum of the settlement statement of settlement of settlement of settlement of settlement of payments of leases did not be reimbursed for damage (the sum of the settlement statement of payments of amounts to KRW 17,790,691 (the Criminal Act Article 51 of the same Act). It is intended to raise money for the payment of wages to the employees).

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