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(영문) 청주지방법원 제천지원 2016.04.07 2015고단650
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 4, 2015, at around 15:00, the Defendant entered into a lease agreement with the victim Dog Capital Co., Ltd. on a passenger car store located in Gangnam-gu Seoul, Seoul, with respect to the said Cben E220 car, which is its ownership, on a monthly rent of 1,196,315 won, 60 months during the lease period, and in any case, the lessee only has the right to possess and use the vehicle during the lease period, and the lessee is the lessee. The lessee is prohibited from providing the leased vehicle for the purpose of security, and the lessee is not able to terminate the lease agreement, and if the lessee delays the lease fee, etc., or provides the leased vehicle to a third party without the lessee’s prior consent, the lessee must return the leased vehicle at the place designated by the lease company, and received the said vehicle on the same day.

The Defendant borrowed KRW 20,00,000 from the non-specified bond company around 12:31 on May 15, 2015 and borrowed KRW 10,00,000 from the above bond company in front of the Dong community service center in Gangnam-gu, Seoul around 15:00 on the 21st day of the same month and embezzled the car of the victim company by providing the acquisition price for the purpose of securing the above car 65,40,000 on the 1st day of the Dong community service center in Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The investigation report (Submission of the suspect's "a loan certificate"), the investigation report (Submission of the criminal suspect's transaction details Kakao Stockholm), the investigation report (the date and time of the crime), and the investigation report (the attachment of the summary, etc.);

1. Notice of proposed "the termination of a contract for the lease of a motor vehicle, the certified copy, abstract, or certificate of seal impression of the motor vehicle registration ledger," the notification of "the return of a motor vehicle", the notification of "the return of a vehicle", the loan certificate, and the application of the laws and regulations on the transaction of passbooks

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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