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(영문) 서울북부지방법원 2015.10.21 2015고단8
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 31, 2013, the Defendant entered into a lease agreement (a lease agreement of KRW 42 months, lease agreement of KRW 883,000 per month) with respect to one motor vehicle of Almata in the amount of KRW 24,970,00 on the part of the lessee and the Defendant as the social service Korea (State) for the victim Almata and the Defendant as the lessee.

On November 11, 2013, while the Defendant kept and used the said car in accordance with the above lease agreement, the Defendant borrowed KRW 9 million from the Defendant’s office located in Seongbuk-gu Seoul, Seoul, and provided loan to C who is a credit service provider and embezzled the said car as collateral.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. General management, lease contract, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 8);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one month to five years; and

2. Application (the scope of recommending punishment) of the sentencing criteria (the date of October 1, 2014), category 1 (the scope of less than 100 million won) and the basic area ( April-1 and April) (the special person) of the sentencing criteria;

3. Determination of sentence shall take into account all the factors of sentencing indicated in the records of the instant case, such as the background, mode, amount of damage, circumstances after the instant crime, Defendant’s age, character and conduct, criminal records (no record of criminal punishment), and environment. The sentence shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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