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(영문) 서울북부지방법원 2015.01.22 2014고단3186
횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2011, the Defendant entered into a lease agreement that lends a passenger car of 94,400,000 won in the market price from the Korea Social Services Korea Co., Ltd., Ltd., which was 400, as the Seongdong-gu Seoul Metropolitan Government, for 44 months from November 14, 201.

While the Defendant kept the said car on behalf of the victim, he did not pay the lease fee from November 15, 2013, and received a request from the victim to return the said car, the Defendant transferred the said car to D, a junior policeman on February 2, 2014 without justifiable grounds, as a security for liability of KRW 30 million.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Automobile registration certificate, lease contract, and business registration certificate;

1. Application of the repayment terms, termination notice Acts and subordinate statutes;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (such as the absence of criminal records against the defendant and the smooth agreement with the victim) or more of the suspended execution;

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