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(영문) 서울남부지방법원 2015.11.16 2014고단1759
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 16, 2012, the Defendant entered into a car lease agreement with the victim to pay the victim and the victim B K5 cars for the 796-month amounting to 36 months each, at the victim Hyundai Capital Station located on the fourth floor of building site building at the airport of Gangseo-gu Seoul, Seoul, 434, and received the said car.

On July 1, 2013, the Defendant did not pay the lease fee, which became final and conclusive around September 10, 2013.

The Defendant, upon receipt of a request from the victim to return the said car, provided at will to the credit service provider, whose name is unknown on January 2014, and embezzled the said car in an amount equivalent to KRW 20 million at the market price, while not complying with the request.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A motor vehicle facility lease agreement, a motor vehicle facility lease agreement, and a credit transaction agreement;

1. Automobile registration certificate;

1. Application of a notice of termination of a lease agreement to statutes;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Four months to one year and four months from the scope of imprisonment on the sentencing guidelines (Embezzlement and breach of trust, Type 1 (less than KRW 100 million), and basic area);

2. Determination of sentence: Four months of imprisonment; and

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