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(영문) 인천지방법원 부천지원 2017.04.21 2017고단434
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is the representative of “C” corporation, a manufacturing company in Kimpo-si B.

On October 7, 2015, the Defendant entered into a lease agreement, at the office of the victim Megian Co., Ltd. in Yeongdeungpo-gu Seoul International Finance Co., Ltd., the Defendant, at the lease rate of KRW 153,077,940 per annum of KRW 9.7% per annum, to pay the monthly rent of KRW 2,746,780 per annum to pay the principal and interest in equal installments for 48 months on the 15th day of each month.

On October 4, 2016, the Defendant embezzled the amount of KRW 34,00,00 by offering the above amount of KRW 150,00,00 to the bond company run by the Defendant as security and receiving KRW 34,00,00,00 to the bond business operator, whose name is not known on the road in front of the Co., Ltd., which was operated by the Defendant, at around October 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application form for motor vehicle financial instruments, motor vehicle lease agreement, loan certificate, agreement for establishment of a right to collateral security, certificate of all matters to be registered, detailed statement of calculation of the amount of bonds, certificate of details, receipt status, and credit transaction basic terms and conditions;

1. Application of Acts and subordinate statutes on vehicle sales;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended sentences] Class 1 (100 million won or less) (one month or October) in the mitigated area (the person subject to special mitigation] [the decision of sentence] in cases where the defendant recognized and reflects the crime, the fact that the defendant agreed with the victim, and other circumstances, such as the motive, circumstance, means, and circumstances after the crime, etc., shall be determined as per the order.

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