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(영문) 대전지방법원 천안지원 2013.11.07 2013고단965
횡령
Text

A defendant shall be punished by imprisonment for not less than eight 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

(A) On September 2, 2012, the Defendant: (a) held the ownership of the Victim Hyundai Capital and DNAS car in Seo-gu, Gwangju on September 2, 2012; (b) entered into an automobile lease agreement with 60 months, overdue interest rate of 24% per annum; (c) monthly rent of 1,185,700 won; and (d) received the said NoS car and kept the said NoS car for the victim, while taking out the loan of KRW 10 million from the lender on his name at the same coffee shop in Seo-gu, Chungcheongnam-gu, Gwangju on December 3, 2012; and (b) embezzled the said NoS car at will, at the victim’s market price, KRW 50 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application for lease contract, business registration certificate, resident registration certificate, certificate of personal seal impression, registration certificate, guidance for termination of lease contract, and details of deposit of lease fees shall be applied to statutes;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that the defendant has not recovered from damage, but has no record

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