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(영문) 의정부지방법원 고양지원 2015.03.27 2014고단2758
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 December 10, 2012, the Defendant entered into a lease agreement on the amount of approximately KRW 2,3810,000 per month rent of 710,000 per month to the E-Saish market owned by Hyundai Capital Capital Co., Ltd., and kept the said vehicle for the victim while operating the said vehicle for 48 months. On January 21, 2013, the Defendant embezzled the said vehicle by borrowing KRW 5,00,000 from a person who is not his/her name, at the place of sale at the place of sale at the same time, by arbitrarily offering the said vehicle as security.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes to the examination table, application for the vehicle lease of Hyundai Capital, and report on investigation (attached details of passbook);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the sentencing of Article 62-2 of the Social Service Order Criminal Act was not recovered from damage caused by reason, and the crime of this case was committed only one month from the date of entering into a lease contract, there is no disadvantage to the defendant. However, considering the fact that the defendant is against the defendant and has no criminal records of the same kind, the value of the vehicle, the sum of the rent already paid (5,577,532 won), family relations, and other various sentencing conditions, the punishment as ordered shall be determined as set forth in the Disposition.

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