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(영문) 수원지방법원 안산지원 2015.02.16 2014고단1849
횡령
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 12, 2010, the Defendant entered into a financial lease agreement with the victim 20 million won (MAG) on the condition of contract period of 48 months and annual interest rate of 6.4% between the victim 20 million won and the victim 20 million won (KV-90) at a "D office operated by the Defendant located in Sinsi-si, Sinsi-si." On June 12, 2010, the Defendant leased one of the above victim 1 at the same place under the condition of contract period of 36 months and annual interest rate of 7.66% (KV-90) with the above victim 1 at the same place without the victim’s consent, and disposed of the above door mining center and the above door mining center to the victim 200,500,000 won.

Accordingly, the Defendant embezzled another’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement of E;

1. Application for each lease finance business, and application of the Acts and subordinate statutes concerning information on bonds;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the fact that the leased machines kept in custody for the victim for reasons of sentencing under Article 62(1) of the Criminal Act is disposed of arbitrarily, and that the value of the machines is considerable, the criminal nature of the defendant is inferior: Provided, That in light of the fact that the defendant confessions and reflects the crime, the total lease fees already paid under the lease contract exceeds 50% of the initial credit amount, and if the defendant's deposit is deducted, the actual damage amount would be much less than the amount stated in the crime, and the defendant's transaction of the newly manufactured machinery after having tried to pay the instant mechanical lease fees, etc. with the profits accrued from the manufacture of new machinery using the disposal proceeds.

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