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(영문) 전주지방법원 군산지원 2017.10.18 2016고단735
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2014, the Defendant agreed to enter into a car lease agreement with the victim spons Co., Ltd. at the Defendant’s house B B 101 Dong 1539, around 2014, as the vehicle rent of KRW 32,580,00, monthly rent of KRW 721,00, monthly rent of KRW 721,00, and the lease period of 48 months from October 14, 2014 to October 14, 2018.

In accordance with the above agreement, the Defendant was unable to pay monthly rent while driving the said vehicle on delivery for the victim, and even if the Defendant requested the return of the said vehicle from around June 11, 201 to the injured party, the said vehicle was not returned.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of photograph, income source collection receipt, accusation, automobile lease contract, termination and return of a vehicle, text message, notification of compulsory termination, and notification of mandatory termination of a vehicle;

1. The punishment as ordered shall be determined by comprehensively taking into account the relevant legal provisions regarding criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the grounds [the scope of recommended punishment] for sentencing of imprisonment [the scope of recommended punishment] Type 1 (from April to January 4), basic area (the amount of damage decided], the amount of damage not agreed with the victim, the amount of damage not agreed with the victim, and other conditions of sentencing such as the defendant's age, criminal records, etc.

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