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(영문) 서울동부지방법원 2017.02.07 2016고단4470
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 30, 2015, the Defendant: (a) concluded a lease contract with a new capital company and BN-si (hereinafter referred to as the damaged party) with the party who suffered damage in the office of a loan settlement office in Gangnam-gu, Seoul, Samsung-dong, 143-37 Hyundai 802, and embezzled the said vehicle by transferring the said vehicle to the nameless bond company around October 2015 in lieu of paying the debt to the company; and (b) transferred the said vehicle to the nameless bond company in lieu of paying the debt.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Complaint;

1. Application of the Acts and subordinate statutes governing the lease of motor vehicle facilities, the lease of motor vehicle facilities, the pledge of the lease of motor vehicle facilities, the registration certificate, and the transfer of instructions for the repayment of the lease;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Type 1 (4) (4 months to 100 million won) of the basic area (4 months to 1 year and 4 months) / [decision of sentencing] 6 months of imprisonment, suspension of execution 1 year (the value of the motor vehicle at issue is not a large amount of the value of the motor vehicle at issue, but there are circumstances that may be considered in the course of committing the crime, and the fact that there are no special criminal records, other than the previous criminal records at one time, shall be determined as per the order)

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