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(영문) 전주지방법원 군산지원 2014.09.03 2014고단280
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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 2, 2012, the Defendant entered into a car lease agreement with the victim B Co., Ltd. and the CKankho-ri-ri-free car with the amounting to KRW 30,430,000 per month for the lease period of 60 months at an agency in Mau-si, Masan, 106, Masan-ro, Masan-ro, 106, and received the said car on May 4, 2012.

As above, the Defendant borrowed KRW 6,00,000 from D Co., Ltd. around September 26, 2013 and transferred the said car to D E for the purpose of collateral.

Accordingly, the Defendant embezzled the car amounting to KRW 30,430,000 at the market price owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of the repayment of lease fees;

1. Application of the Act and subordinate statutes to the investigative report (62 pages of investigation records);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., the fact that a primary crime or an embezzled motor vehicle has been returned to the victim);

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