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(영문) 인천지방법원 2017.07.13 2017고단1887
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 28, 2015, the Defendant entered into a lease agreement on the condition that the Plaintiff would pay KRW 523,500 per month from March 15, 2015 to February 15, 2020 a car of approximately KRW 23,850,000 in the market price owned by the victim Hyundai Capital Co., Ltd. and the Defendant paid KRW 523,50,000 per month from March 15, 2015 to February 15, 202, and received the said car and kept it for the victim.

Nevertheless, on October 2015, the Defendant borrowed KRW 5 million from a bonds company with no name-free loan around 2015 and embezzled it by offering it as security.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of the complaint, contract, ledger of motor vehicle registration, and Acts and subordinate statutes to notify termination of a contract;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] category 1 (less than 100 million won) and the basic area (from April to January 1) (no person subject to special sentencing];

2. In addition, considering favorable circumstances, such as the fact that the value of the vehicle that has been embezzled and embezzled, the return of the vehicle or the fact that there is no agreement with the victim, the fact that there is a record of being sentenced to a fine for the same kind of crime, and the fact that the initial installment is deemed to have been paid, etc., the punishment as the order shall be determined by taking into account the circumstances of sentencing, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime;

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