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(영문) 서울중앙지방법원 2016.11.10 2016고단6891
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

The defendant is the representative director of C corporation.

On July 24, 2012, the Defendant entered into a lease agreement (lease period 44 months, lease fee 3,51,060 won per 3,51,060 won) with respect to the vehicles of the amounting to 151,147,10 won as joint and several surety at the office of the head office of the Seocho-gu Seoul, Seocho-gu, Seoul, the head office of 1449-10, the head office of the company of the victim non-Ssc Capital Co., Ltd., the lessee as the lessee, and the Defendant as the representative director as the joint and several surety.

Around May 2013, while the Defendant kept and used the above vehicle in accordance with the above lease agreement, the Defendant provided it as collateral to E, a creditor of the Defendant, before the sports center in Jungdong-gu Seoul Metropolitan Government, Jungdong-gu, Seoul, and embezzled.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including F's telephone statement);

1. The police statement concerning G;

1. An erroneous soil lease contract, an automobile registration certificate, the register of automobiles, the balance of loans, a certificate of registered matters, a report on credit standing, a notice on imposition of a fine for negligence, tolls for an expressway, a request for subscription to automobile insurance, details certification, details of vehicle management, and integrated information;

1. Application of Acts and subordinate statutes to report on investigation (verification of the E personal information and additional submission of documents related to G cases by a complainant agent);

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

1. The sentence as ordered shall be imposed in consideration of the following circumstances: (a) the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that there is no criminal record to consider the defendant; (b) the defendant has not anticipated to lease or actively provide another person with the vehicle in this case in a planned manner; (c) the defendant's health status is not good; and (d) the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime; and (e) records such as the circumstances after the crime;

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