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(영문) 서울서부지방법원 2015.10.21 2015고단1128
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. and BMW 320d vehicle at KRW 48 months, monthly rent of KRW 1,276,500, and, on April 2014, the Defendant borrowed money from a lending company located in Jongno-gu Seoul and embezzled the said vehicle as collateral (the remaining value value is equivalent to KRW 35 million) while taking over the said vehicle from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement prepared in C;

1. Details of deposits and the application of Acts and subordinate statutes regarding the history of counseling for Capital Capital;

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

1. Standard for sentencing (the scope of recommending punishment) under Article 62 (1) of the Criminal Act (the sum of the lease fees of KRW 43,704,731, which is equivalent to KRW 54.6 million by the defendant to pay the lease fees of up to July 2015), shall be considered to have paid the lease fees of KRW 43,704,731, the confession and reflect of the defendant, and the fact that the defendant has no record of criminal punishment, etc.) [the scope of recommending punishment] under category 1 (1) of the Criminal Act;

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