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(영문) 광주지방법원 순천지원 2019.03.21 2018고단2496
횡령
Text

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

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

Reasons

Punishment of the crime

On May 17, 2016, the Defendant concluded a lease agreement with the victim B Co., Ltd., and the said company’s market price of KRW 45,650,00,000, monthly rent of KRW 934,000 for the said company, and KRW 48 months for the lease period, and the lessee may terminate the lease agreement and claim the return of the said vehicle if the lessee delays the lease fee, etc., and the lessee may claim the return of the said vehicle if he/she had the said vehicle delivered and kept the said vehicle on or before December 11, 2017, the Defendant embezzled the said vehicle by providing the said vehicle as security.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint, a copy of a motor vehicle lease contract, early cancellation, and a half-payment notice;

1. Application of Acts and subordinate statutes to a letter of undertaking, a standard subcontract agreement for construction business, a vice versa, the details of storage and implementation, and a written confirmation of construction contract;

1. Relevant Article 355(1) of the Criminal Act, the choice of imprisonment with prison labor, and the applicable Article on criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., confession, reflectivity, heavy criminal punishment exceeding a fine, vehicle itself appears to have been returned to the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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