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Reasons
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(영문) 수원지방법원 2012.12.26 2012고단4327
횡령
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A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant is a representative director of “(State)D”.

On September 8, 2011, the Defendant embezzled the said car as a security for repayment of loan worth approximately KRW 100 million to F without the victim’s permission on November 201, while entering into a contract for vehicle leasing (lease) in the name of EMW 740i in the market price of the victim (the victim) 18,024,742, the market price of the EMW 7409, which is equivalent to KRW 118,024,742, in the building of the Dongdaemun-gu Seoul 98-30, Dongdaemun-gu 98-30, Seoul 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A complaint, examination table, application for goods, written agreement, terms and conditions, and written estimate of vehicle leasing;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution [Determination of Punishment] 100 million won to 50 million won [Special Convicts] - The mitigated element: [Determination of the recommended sphere] mitigated element ] 6-2 years [the scope of the recommendation sphere] 6-2 years [where the mitigated element is not occupational embezzlement or breach of trust, serious reflective element - where the mitigated element is not occupational embezzlement or breach of trust - applicable provisions in the case of embezzlement [the scope of punishment] applicable provisions of the Criminal Act : 1-5 years [whether the suspended sentence is suspended] - The main reasons for the punishment are positive (not to be suspended] - The reason for general reference (the affirmative motive, serious reflective motive) - [decision of the sentence] imprisonment with prison labor for eight months, suspension of execution two years

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