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(영문) 의정부지방법원 고양지원 2017.02.20 2016고단1795
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for larceny and six months, and the judgment became final and conclusive on November 21, 2014.

Criminal facts

On December 5, 2013, the Defendant entered into a lease agreement with C on the operation lease of KRW 48 months, monthly rent of KRW 1,186,848, and kept the said vehicle for the victim, while receiving KRW 18,00,000 from “G” around February 10, 2014 and receiving KRW 18,00,000 from “G” as collateral, and then arbitrarily providing the said vehicle to C and embezzlement the property of C and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement protocol;

1. Copy of the judgment;

1. Application of Acts and subordinate statutes for operating lease;

1. Article 355 (1) and 30 of the Criminal Act applicable to the relevant criminal facts and Articles 355 (Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The duty of the defendant in relation to the observation of protection and the provision of social service order under Article 62-2 of the Criminal Act, the amount of damage caused by the sentencing, the background of the occurrence of the case, and the public offering relationship: Provided, That the duty of the defendant shall be considered in consideration of the fact that the defendant, who acquired the claim from the recent victim, paid a certain amount of damage to M and agreed to pay the amount of damage

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