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(영문) 서울동부지방법원 2014.03.27 2013고단3185
횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the president of C&A.

On December 18, 2012, 2012, the Government-si, Yongsan-si, the victim Eul, the president of the victim D, agreed to purchase a F 45 passenger bus owned by the victim in the name of C on the condition that the remaining installments of KRW 41 million shall be repaid, and the market price of the bus shall be handed over at least KRW 37 million. In the situation that the remaining installments are not repaid at the end of December 2012 and the name is not transferred to C corporation without paying the remaining installments, the victim and the victim agreed to immediately transfer the ownership registration of the above vehicle in the name of another company to which the defendant would be employed and pay the remaining installments. However, on March 2012, 201, the victim requested the return of the bus from the victim.

On March 12, 2013, while the Defendant kept the bus on behalf of the victim, the Defendant agreed to lease the said bus with KRW 8 million and monthly rent of KRW 1.5 million from G located in the Yadong-dong, Seongbuk-gu, Seongbuk-gu, Sungnam-si and embezzled it at his own discretion.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the E-examination);

1. Application of Acts and subordinate statutes on police statements made to H and E;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended according to the sentencing guidelines [decision of type] Embezzlement Embezzlement (decision of the recommended area below KRW 100 million] mitigated areas (decision of the recommended area: Reduction areas (decision of mitigation factors): Reduction areas] - 10 months;

2. Although it is reasonable to strictly punish the Defendant, considering the fact that the Defendant committed the instant crime even though he/she had the history of punishment for the same kind of crime, and the extent of damage is not small, the Defendant has led to a confession of the entire crime and is in profoundly against the Defendant, the damaged vehicle has been returned to the victim, and the agreement has been reached with the victim.

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