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(영문) 부산지방법원 2016.09.22 2016고단550
횡령
Text

A defendant shall be punished by imprisonment for one year.

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 November 20, 2013, and December 4, 2013, the Defendant: (a) leased one motor vehicle for 44,800,000 Korean-style cruise-type cruise-type-type-type-type-type-type-type-paid-type-paid-type-paid-type-paid-type-paid-type-paid-type-of-charged-type-paid-type-type-paid-type-paid-type-of-charged-type-type-paid-type-type-paid-type-paid-type-paid-type-paid-type-paid-type-paid-type-type-paid-type-type-paid-type-type-paid-type-type-paid-type-type-paid-type-of-paid-type-paid-type-type-type-paid-type-type-type-of-paid-type-paid-type-type-of-paid-type-type-type-type-type-type-of-paid-type-type-type-type-type-type-type-type-type-type-

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. A copy of the vehicle facility leasing contract (Lease)-be cruise, a copy of each vehicle facility leasing contract (Lease), a copy of each automatic vehicle facility leasing contract (Lease), a copy of the notification of the scheduled termination of the lease contract, two copies of the notification of the scheduled termination of the lease contract, two copies of the vehicle return text transmission details, a copy of the vehicle registration ledger (A), a copy of the vehicle registration ledger (A). - an abstract - an abstract - an abstract of the vehicle registration ledger, a copy of the corporate registry (A), a copy of the corporate registry (G), and a inquiry of the amount of demand for deposits from customers on each settlement date; and

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Type 1 (less than 100 million won) (4 months to one year and four months) of the basic area (the person subject to special sentencing) / [Pronouncement of sentence] unfavorable circumstances: The amount of the vehicle that the defendant refused to return is considerably high in value of the vehicle that the defendant refused to return, and the defendant is in arrears.

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