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(영문) 인천지방법원 부천지원 2017.05.11 2017고단205
횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, on July 15, 2013, is obvious that the “E” stated in the C facts charged is a clerical error, and thus, corrected and recorded.

“On the condition that the user fee of KRW 412,254 per month shall be paid to the victim’s New Capital Co., Ltd. during the 25-month period, the said “C” entered into a lease succession agreement for the victim’s DNA car in the name of the said “C,” and kept and used for the victim upon delivery of the said car. On December 2014, the said car was offered and delivered to the said borrower without permission by borrowing KRW 10 million from the lender, whose personal information is unknown in the non-commercial area.

Accordingly, the defendant embezzled the above car amounting to KRW 24 million at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against F (List 5);

1. Application of Acts and subordinate statutes to the accusation (List 1), vehicle rental contract (List 2), automobile registration ledger (List 3);

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

1. Article 62(1) of the Criminal Act (a) of the suspended sentence (a) that there is no criminal record except for confessions, reflects, and two times before or after a fine has been imposed on him/her, deposit a total of KRW 4.7 million for the victim, and recover damages in the future;

c) Doese

1. Article 62-2 of the Criminal Code of the Social Service Order

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