(영문) 전주지방법원 2016.05.11 2015고단2130

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(영문) 전주지방법원 2016.05.11 2015고단2130

횡령

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 14, 2014, the Defendant concluded a lease agreement with the victim Non-Mable Social Services Korea (States) and the victim BMW 528i car owned by the victim company on the terms of the monthly lease fee of KRW 1,606,264 and the agreed period of 36 months on the whole market of Bouri-gu, Yangcheon-gu Seoul, Yangcheon-gu, Seoul.

While the Defendant used and managed the said car in accordance with the above lease agreement and kept it for the victim company, the Defendant was notified by the victim company to pay the rental fee in arrears on April 9, 2015 and on April 26, 2015, and was notified on May 7, 2015, and was requested to return the said car on several occasions by the victim company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. Police statements of D;

1. A letter of complaint and proxy for complaint;

1. Application of the Acts and subordinate statutes proving a lease application, receipt, and content;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution [Sentencing Criteria] Article 62 (1) of the Criminal Act / [Scope of the Punishment / [Attachment Criteria] 1 of the Basic Field (4-100 million won or less) / [Decision of sentencing] [Judgment of sentencing] 6 months of imprisonment, suspension of execution 2 years (not less than 50 million won in total) as a result of the failure to state the amount of damage, which is less than 6 months, 2 years of suspension of execution (not less than 50 million won in total, but less than 50 million won in total), a vehicle has been returned, the vehicle has been returned, the victim has withdrawn from the complaint, the victim has no previous record other than the fine,

in the same manner as the order shall be determined in consideration of the fact that the

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

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