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(영문) 서울북부지방법원 2018.06.27 2017고단5541
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 26, 2012, the Defendant entered into a lease agreement on the operation of the deposit money type with the victim and kept the said vehicle for the victim, on the condition that the victim BMW 328i Contact car is paid monthly rent of KRW 1,565,268 in the Gangnam-gu Seoul Northern District Co., Ltd. for 374-1 on July 26, 2012, on the condition that the victim BMW 328i Contact car is paid monthly rent of KRW 1,565,268 on the Seoul Northern District Co., Ltd. for 36 months.

On October 25, 2012, the Defendant, from around October 25, 2012, received a demand from the injured party for the termination of the above agreement and the return of the vehicle. On November 5, 2012, the Defendant borrowed KRW 10 million from the E loan from the Busan Jin-gu, Busan, and provided the said car as security and embezzled the property of the injured party by having it distributed in the large lane.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include profits acquired by the defendant as a result of the instant crime; the age, sex, intelligence and environment of the defendant; the relationship with the victim; the motive, means and consequence of the crime; and the circumstances after the commission of the crime, etc. shall be determined as stated in the order.

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