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Reasons
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(영문) 광주지방법원 순천지원 2017.07.07 2017고단628
횡령
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 22, 2016, the Defendant entered into a motor vehicle lease agreement with C staff D, a contracting agent at a government branch of the Haren-gun Co., Ltd., Ltd., in the Defendant’s dwelling area located in 1.01 Dongdong-gun, Chungcheongnam-gun around February 22, 2016, to pay KRW 25,532,727 at the victim’s market price from March 18, 2016 to March 18, 2020, and to pay KRW 665,00 on every monthly rent to Eyone Grand vehicles. The Defendant received the said vehicle around March 18, 2016.

On March 20, 2016, the Defendant: (a) had been in custody of the Grandroth for the victim; (b) had to exchange F and Grandroth vehicles with F-owned Grandroth vehicles before the old Station located in the north-gu in Busan Metropolitan City, Northern only 82-gil, and (c) had the said Grandroth vehicles cut to F at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes on automobile lease agreement;

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 on the suspended execution;

1. The defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, ordered another person immediately after being handed over the vehicle. The defendant appears to have committed a planned crime, the defendant did not make any effort to recover damage even if the amount of damage is not significant; on the other hand, the defendant reflects the defendant's age, sexual behavior, family relationship, environment, circumstances and result of the crime, and other circumstances shown in the arguments of this case including the defendant's age, sex, family relation, environment, circumstances after the crime, etc. shall be determined as ordered

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