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Reasons
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(영문) 수원지방법원 안산지원 2016.12.20 2016고단1197
횡령
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A defendant shall be punished by imprisonment for four 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

1. On August 29, 2013, the Defendant entered into a lease agreement with the victim MM7 vehicle volume at the “F office located in the Dong-gu, Ansan-si, the Defendant: (a) paid the lease fee of KRW 7,81,00,00 from August 29, 2013 to August 29, 2016; (b) returned the vehicle after the lease term expires; (c) returned the vehicle to the owner or sub-lease the remaining value to the owner or sub-lease the vehicle; and (d) operated the said SM7 vehicle by delivery.

On April 21, 2015, while using the above SM7 vehicle and keeping it for the victim, the Defendant borrowed KRW 5,000,000 from H “I” located in Gangnam-gu Seoul Metropolitan Government H from “I” around April 21, 201, provided the above SM7 vehicle as security and embezzled it.

2. On April 10, 2013, the Defendant entered into a lease agreement with the “K” office located in the Sinri-si, Sinri-si, with respect to the amount of LM5 car equivalent to KRW 29,873,200 in the market price, the lease period from April 23, 2013 to April 23, 2017, the lease deposit amount of KRW 2,98,000, and the lease amount of KRW 616,30 on April 20, and operated the said SM5 vehicle by delivery.

On May 22, 2015, while the Defendant used the above SM5 vehicle and stored for the victim, borrowed KRW 3,000,000 from the N’s “N” located in Ansan-si M, Ansan-si, the Defendant provided the above SM5 vehicle as security and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. A complaint;

1. Each automobile lease agreement;

1. Current status of receipt of principal and interest;

1. Application of Acts and subordinate statutes to a report on investigation (locating the location of LV) and a report on investigation (locating the location of theG vehicle);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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