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(영문) 서울동부지방법원 2016.07.13 2016고단837
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2014, the Defendant concluded a lease contract with the effect that the Defendant would pay rent of KRW 46,524,513 each month for KRW 940,074 for the remaining 46,524,513 as of KRW 48 months after paying KRW 5,270,000 for the vehicle price of KRW 5,270,000,000 from C around September 2015, when the Defendant was in custody for the victim after borrowing KRW 13,00,000 from C around September 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) has no previous record beyond the same type and fine; the confession of the crime in this case and reflects in depth; the recovery of damage has been made by recovering the vehicle to the victim and returning the vehicle to the victim;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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