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(영문) 수원지방법원 안산지원 2015.12.09 2015고단2534
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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 December 27, 2013, the Defendant entered into a long-term siren agreement with the content that he/she would use the said car on the condition that he/she would pay the monthly rent of KRW 1,453,00 for 25 months from December 31, 2013 to July 31, 2018, on the condition that he/she would pay the monthly rent of KRW 1,453,000 for 12 months from December 31, 2015, while he/she was in custody for the victim after delivery of the said car, he/she did not request the return of the said car rent of KRW 10,702,148 for 12 months from January 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An agreement;

1. Termination of a contract and notification of return of a vehicle;

1. Automobile registration certificate or the automobile register;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the scope of recommendation type 1 (100 million won) is mitigated area (1 month to October) (special mitigation), not subject to punishment, or substantial damage has been recovered;

2. The defendant's age, character and conduct, environment, background of the instant crime, circumstances after the crime, etc., that reflects the decision of sentence, and that the victim does not want punishment due to the recovery of damage and that the defendant has been punished for a crime of property.

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