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(영문) 인천지방법원 부천지원 2014.12.17 2014고단3047
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, around June 10, 2013, paid rent of KRW 746,00 per month with the victim Hyundai Capital Co., Ltd. and KRW 746,000 per month at the Hyundai Motor Cagency located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and entered into a lease contract for automobiles (c,22,40,000 won at the market price) and entered into a lease contract for automobiles and kept the automobiles for the sake of the victim.

7. Having borrowed 111 million won from a bond company with no name of a senior policeman and embezzled the said car as a security.

2. On November 12, 2013, the Defendant: (a) concluded a lease agreement on the victim Hyundai Capital Co., Ltd. and the 759,200 won per month at the Young-gu, Incheon, for 48 months to pay the lease fee of KRW 759,200 per month; (b) concluded a lease agreement on the said rocketing car (which is equivalent to KRW 31,300,000 at the market price) and embezzled the said car as security by borrowing KRW 11,00,000 from a bond company on the name of the police officer among the 12th day of the same year while keeping the said rocketing car for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes for the lease of each motor vehicle, the terms and conditions of the lease, the repayment lines, the details of individual payments, and the notification of termination of each lease contract;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, sentence of sentence is inevitable considering the following: (a) the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the nature of the crime is not good in light of the method and circumstances of the crime in this case; and (b) the fact that the amount of damage was a large amount and no effort is made for the repayment of damage.

However, there are various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the confession and reflect of the defendant, the fact that there was no record of punishment for the same kind of crime, and the age, character, conduct and environment of the defendant, the process and motive leading to the crime of this case, and the circumstances before and after the crime.

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