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(영문) 수원지방법원 성남지원 2016.04.18 2015고단1035
횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 21, 2013, the Defendant entered into a car rental contract with the Hyundai Capital Co., Ltd. at the point of Hyundai Motor Vehicle D located in Sungnam-si, Sungnam-si, and entered into a car rental contract with the victim Hyundai Capital Co., Ltd. with respect to the cub vehicles at KRW 1,448,040 per month for the cub vehicles and KRW 48 months for the siren period, and did not comply with the notification of termination of the siren contract and the notification of the return of the car on April 2015, while the Defendant received the said vehicle from the victim and kept the said vehicle for the victim.

Accordingly, the Defendant embezzled the above vehicle that is equivalent to the market price of 4,890,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes on application for a long siren;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the process leading to the instant crime and the agreed point with the victim, etc.).

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