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(영문) 수원지방법원 성남지원 2015.10.07 2015고단1084
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 10, 2014, the Defendant: (a) concluded a lease agreement between the victim’s new card (owner) and the victim’s new card (owner) in the name of the car page located in Seocho-gu Seoul Metropolitan Government; and (b) concluded a lease agreement between April 10, 2014 to pay rent of KRW 3,89,860 per month for 44 months from April 10, 2014; (c) received the said vehicle from the victim under the said lease agreement and kept the said vehicle for the victim, the Defendant borrowed KRW 30 million from the lending enterprise located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seoul Metropolitan Government, and embezzled it by arbitrarily disposing of the said vehicle as collateral.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning G;

1. Form certifying the contents to be terminated even during the contract;

1. Automobile register;

1. Lease contract;

1. Schedule for repayment of erroneous soil lease and written confirmation of the balance; and

1. Loan transaction contract;

1. The loan repayment agreement;

1. Application of Acts and subordinate statutes on the waiver and scrapping of automobiles and written consent for automobile use;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as that the defendant is against his/her will and the victim does not want the punishment of the defendant

1. Social service order under Article 62-2 of the Criminal Act;

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