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(영문) 인천지방법원 부천지원 2014.05.09 2013고단2884
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2012, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd., Ltd. and the market value of KRW 54 million in the dwelling area of Kimpo-si 103 Dong 108, Kimpo-si around April 30, 2012. On May 25, 2012, the Defendant borrowed KRW 18.4 million from Kimpo-si to Kimpo-si on December 12, 2012 while borrowing KRW 18.4 million from Kimpo-si and then embezzled the said passenger car owned by the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. An application for automobile lease;

1. Peremptory notice on payment of overdue rent, and guidance to terminate a lease agreement;

1. Inquiries into the repayment lines;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on transactions of passbooks;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no particular criminal record except for the case where the defendant was sentenced to a fine, and the fact that he agreed with the victim);

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