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(영문) 서울중앙지방법원 2015.04.16 2015고단546
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2010, the Defendant entered into a lease agreement with the Korea Social Services Korea Co., Ltd. with respect to C non-MW amounting to KRW 54 million in the vehicle price of the victimized company (BMW) X5 automobiles at KRW 1,080,834 and the lease period of KRW 60 months.

On May 2014, the Defendant embezzled the said car by failing to return even though the said lease contract was terminated and requested by the victimized company to return the said car.

Around August 11, 2011, the Defendant entered into a lease agreement with Korea Co., Ltd. on a vehicle price of approximately KRW 59,900,000,000 for Dentz GLK 220 automobiles, with a monthly lease agreement of KRW 1,430,740, and the lease period of KRW 44 months.

On August 2014, the Defendant embezzled the said car by failing to return the said car even though the said lease contract was terminated and the Defendant was requested by the victimized company to return the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of each statute on filing of a complaint;

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the same Act concerning the selection of punishment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] No basic area (4 to 100 million won) [the decision of sentence] [the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and amount of damage] The defendant has paid monthly rent for a considerable period of time. The social service Korea corporation, considering the monthly rent paid, has 20,397,885 won for the remaining amount of damage, and the victim's non-M25,080 won for the social service Korea corporation 29,725,080 won.

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