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(영문) 인천지방법원 2016.09.29 2016고단3047
횡령
Text

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

Reasons

Punishment of the crime

1. On April 28, 2014, the Defendant entered into a lease agreement with Korea for social services (ju) 200,000 won in the Seocho-gu Seoul Seocho-gu, Seoul Seocho-gu, and with respect to CMW 530D vehicles equivalent to the market price of KRW 76,20,00,000, with respect to the monthly lease fee of KRW 1,397,087 during the period from April 28, 2014 to April 22, 2019, and kept the victim for the said temporary damage after receiving CMW 530D vehicles from the injured party.

On December 2014, the Defendant arbitrarily transferred the said C vehicle to friendly-gu D, and had D at the same time provide the said C vehicle to the lender as a collateral, and then made the victim dispose of the vehicle by allowing the borrower to borrow KRW 20 million after lending the said C vehicle to the lender.

Accordingly, the defendant embezzled the victim's property.

2. On May 27, 2014, the Defendant entered into a lease agreement with the victim 20D vehicles in the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, Seoul Seocho-gu, with respect to the victim 20D vehicles equivalent to the market price of KRW 60,596,90, and the EMW 520D vehicles from May 27, 2014 to May 27, 2019, and kept the victim 1,142,163 monthly lease fees between 60 months and 60 months from May 27, 2019.

On December 2014, the defendant provided the above E vehicle as security to a person who has no name, and received a loan of KRW 20 million, and disposed of the victim's vehicle.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (Statement of telephone conversations between a complainant's agent and the F);

1. Application of Acts and subordinate statutes of each contract;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 2 (100 million won).

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