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(영문) 부산지방법원 2014.11.13 2014고단3614
횡령
Text

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

However, 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 March 8, 2013, the Defendant entered into a lease agreement with the “D” office operated by the Defendant in Busan-gu Busan-gu, by facsimile to the effect that: (a) the amount of lease was KRW 43,400,000, deposit amount was KRW 9,310,000, contract period was 36 months, monthly lease fee was 1,14,000, monthly lease fee was owned by the lessee regardless of the registered name; and (b) the lessee is able to terminate the lease agreement if the lessee delays the lease, etc.; and (c) the lessee return the vehicle to the location designated by the lessee at that time.

On September 2013, the Defendant, while keeping the said car in F in Busan, for the victim, was embezzled by providing the said car for the purpose of security while lending KRW 11 million to the obligee, who is the obligee of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning filing of a complaint, copy of a motor vehicle lease agreement, and automobile lease agreement;

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

1. Article 62 (1) of the Criminal Act of the suspended execution (the fact that a person commits a crime and reflects it, the fact that a person does not have the same kind of power, and some of the lease fees are paid (the fact that a person has paid it seven times);

(iii) when considering;

1. Social service order under Article 62-2 of the Criminal Act;

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