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(영문) 대전지방법원 2017.09.06 2017고단1923
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 3, 2014, the Defendant leased 15 tons of d treatment 1,00,000 tons of 50,000 tons of 15 tons of truck and 40 million won of the market value from the victim C, and embezzled it by providing 24 million won of the above truck as collateral from F in the common parking lot located in Daejeon-gu Eup/Myeon around May 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Original register of each motor vehicle registration;

1. The entrustment contract on the vehicle;

1. Application of Acts and subordinate statutes of the investigative report (Reference Statement);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The circumstances that are favorable to the maximum amount of the embezzlement as the case of embezzlement of a vehicle equivalent to KRW 90 million in total at the market price: the confession and reflectness, the agreement with the victim, and the fact that there is no record of the same kind of crime;

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