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(영문) 인천지방법원 2014.07.24 2014고단745
횡령
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the actual operator of G Co., Ltd. located in Jung-gu, Incheon, 309 Dong 103, and Defendant B is the representative in the name of G.

Defendant

A, on February 28, 2011, concluded a lease contract with a social company and H Heget vehicle that took place in the name of the victim Republic of Korea in the name of the above B, and discussed with the defendant B by lending money to the above vehicle as collateral because the financial standing of the company is difficult.

Accordingly, on September 18, 2012, the Defendants borrowed KRW 30 million from G to I and delivered the said vehicle to I as collateral.

Accordingly, the Defendants conspired and embezzled the above-mentioned vehicle owned by the victim in the amount of KRW 39 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of I by the prosecution;

1. Statement to J police officers;

1. Application of the lease contract, the register of automobiles, the power of attorney, etc. (number 2), the details of passbook transactions (number 5), the Acts and subordinate statutes;

1. Relevant Articles 355(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 355(1) and 30 of the Criminal Act; and

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria (the scope of recommendations) [the scope of recommendations] shall be the basic area (4 months to 1 year and 4 months) of embezzlement (100 million won).

2. Determination of sentence: (a) the amount of damage caused by the instant crime is not much significant; (b) the Defendants did not agree with the victim is disadvantageous to the Defendants; (c) the Defendants recognized the Defendants’ mistake and reflects; and (d) the Defendants did not have any identical criminal record; and (c) the Defendants did not have any identical criminal record; and (d) the Defendants’ age, character and conduct, environment, details of the instant crime, circumstances after the crime, etc. are considered as favorable to the Defendants; and (e) the judgment is

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