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(영문) 서울동부지방법원 2017.12.20 2017고단1806
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 20, 2014, the Defendant: (a) at the office of Hando-dong, Yeongdeungpo-gu, Seoul Metropolitan Government 34-10, the Defendant agreed to lease one automatic set of KRW 84,00,00 on the condition of “60 months” in relation to the purchase of automatic set up in the D stations located in Yangju-si, where the Defendant was operated by the Defendant from the victim company; and (b) the ownership of the automatic set of KRW 84,756,360 at the market price, on the condition of “1,756,360,000,000 won” in relation to the purchase of the automatically set of the leased set up in the D stations located in Yangju-si, the Defendant agreed to withhold the ownership of the automatic set of KRW 84,4,00,000 in the market price until the contract expires.

After the lease contract as above, the Defendant kept one of the above automatic three vehicles for the victim company. On August 2015, the Defendant: (a) received 15 million won from the name influor who sells the automatic three vehicles; and (b) arbitrarily sold the above automatic three vehicles.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment with prison labor is that the defendant paid 30 times out of total of 60 leases, and the principal amount of 46,847,415 won shall be deemed as the amount of

When the sentencing criteria are applied, the following shall be applied:

[Determination of the type] Types 1 (10 million won or less) [Determination of the recommended territory] Basic Field / [The scope of recommendation] / [the person subject to general sentencing] - No record of criminal punishment in the event that an occupational embezzlement or breach of trust is not an occupational embezzlement or breach of trust for mitigation elements / In the case of an aggravated element embezzlement / [the assertion and judgment of the sentencing conditions / In the case of an aggravated element embezzlement / [the claim and judgment of the sentencing conditions ] Defendant calculated the total amount including this part as it did not separately lend civil engineering, electricity, construction costs, and other expenses for the installation of the automatic third class (42,00,000 won) due to the special circumstances of this case. The Defendant paid lease fees in the amount of the original automatic third class. Accordingly, the ownership of the automatic third class is the ownership of the vehicle.

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