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(영문) 인천지방법원 2013.05.28 2013고단891
횡령
Text

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

[2013 Highest 891] On August 30, 2011, the Defendant leased one Einti vehicle from the victim C&A Co., Ltd., the market price of which is equivalent to KRW 75.9 million, owned by the damaged company, for three years, at the office of the D&A company located in Yongsan-gu Seoul Metropolitan Government C&A (501).

On October 2, 2012, the Defendant borrowed KRW 50 million from a credit service provider who is unable to know the name at the F-dong parking lot of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and embezzled the said car as security while keeping the said car for the damaged company.

[2013 Highest 1865] On July 28, 2011, the Defendant entered into a lease agreement with D office operated by the Defendant, Yongsan-gu Seoul, Yongsan-gu, Seoul, on the condition that the Defendant would pay 1,674,040 won for each three years at the market price of 59,010,000 won for social service Korea Co., Ltd. (hereinafter “victim”) and the Defendant would have received and kept the said vehicle.

On October 2, 2012, the Defendant borrowed 50 million won from the F Building parking lot of Bupyeong-gu Incheon, Incheon, to the bond company with no name, and embezzled the Benz car by arbitrarily offering it as security.

Summary of Evidence

1. The defendant's legal statement [2013 Highest 891];

1. Statement of the police statement related H;

1. A complaint [2013 Highest 1865]

1. Statement of the police statement to I;

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

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.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant is the first offender and is led to the confession of the crime, and his mistake is divided; the victim C&P Co., Ltd. has paid all damages and agreed upon; the payment has been made in good faith for not less than one year; the lease fee for the

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