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(영문) 서울서부지방법원 2015.04.23 2014고단3652
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2014 Highest 3652] On September 18, 2012, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. at the Samsung F&T exhibition center located in Samsung F&T located in Gangnam-gu, Seoul, to pay KRW 874,700 per month for the period from October 31, 2012 to October 10, 2017, and received a car and kept it for the victim company with a food 3008 (B) worth KRW 4,0250,000 per market price. On May 2014, the Defendant embezzled the property of the victim company by arbitrarily borrowing money from a person with no personal interest and offering the car as security.

[2015 Man-Ma38] around October 5, 2012, the Defendant entered into a car lease agreement with a victim spologa Korea Co., Ltd. and a 1,811,837 won monthly from Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu Seoul, Seocho-gu, 1584-2, to use for ex-factory funds when shipping cars [vehicle name: A6-3.0 TDIqu.-C7 (2012), C].

According to the lease contract, the Defendant paid the vehicle price and KRW 74,88,800,00 to the above main owner company around October 5, 2012, and received and stored the above vehicle registered in the name of the victim company, and received the vehicle lease fee from the victim company at least two times in arrears, and embezzled the property of the victim company by borrowing money from the non-standing owner and offering the vehicle as security at his/her own discretion around September 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of a motor vehicle lease contract and agreement, motor vehicle registration certificate, motor vehicle register, and agreement on motor vehicle operation lease;

1. Article 355 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the sentencing conditions shown in the arguments in the instant case, such as the following circumstances, the age, character and conduct, and environment of the defendant, as well as the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act:

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