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(영문) 서울북부지방법원 2014.12.11 2014고단322
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2011, the Defendant entered into a motor vehicle lease agreement with the victim Korean Capital Co., Ltd. and the wife, under the name of the victim E, to lease one motor vehicle for 44 months in a fee for 1,987,90 won, and received from the victim one motor vehicle of the above 79,500,000 won at the market price.

Around April 2013, the Defendant borrowed 25 million won from the above H at the obligee H’s office located in Dobong-gu Seoul Metropolitan Government G, while keeping the above vehicle for the victim, and provided the above vehicle as security to the above H at his own discretion.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the first offender who has no record of criminal punishment, the confession and reflect of the crime, the occurrence of brain scambling during the public trial of this case is difficult, and the punishment is determined as ordered in consideration of all the factors of sentencing including the circumstances, mode, amount of damage, the circumstances after the crime, the character and conduct of the defendant, and the environment.

It is so decided as per Disposition for the above reasons.

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