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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On January 12, 2012, the Defendant entered into a lease agreement with the victim BMW 535i car at the victim Non-MW 535i Korea Co., Ltd. located in Seo-gu, Seo-gu, Seo-gu, Gwangju, Gwangju, on January 12, 2012, stating that “The ownership and other rights of the goods are confirmed to be in possession of the said company” and received the said car at that time.
The Defendant borrowed 20 million won from the loan of spawn on January 8, 2014 while keeping the said car for the victim, and transferred the said car for the purpose of securing the market price of KRW 100 million.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application for BMF financial lease, an automobile registration certificate, an insurance policy, a tax invoice, a contract confirmation, each receipt, payment schedule, content certification, due process of due process, notification of overdue payment, details of overdue loan, loan certificate, and application of Acts and subordinate statutes of the standard contract for loan transaction;
1. In light of the fact that the reason for sentencing under Article 355(1) of the Criminal Code of the relevant criminal facts under Article 355(1) of the Act on the Punishment of Criminal Crimes has been limited to the unclaimed principal of the victim company at least 62,815,572 won, and the amount of damage has not been repaid at all, the defendant shall be sentenced to a punishment; however, the defendant shall be sentenced to a punishment in consideration of the fact that the defendant has led to the confession of the crime, his mistake has
For reasons above, it is decided as ordered within the scope of 4 months to 1 year and 4 months (the basic area of the first category of embezzlement crime) of imprisonment, which is the recommended sentence according to the sentencing guidelines.