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(영문) 의정부지방법원 고양지원 2016.05.19 2015고단3461
횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 17, 2014, the Defendant entered into a motor vehicle lease agreement with the Defendant’s “D” office located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, the Defendant: (a) provided the Victim Capital Co., Ltd. with the Defendant’s Capital Co., Ltd.; and (b) provided the Plaintiff with the Plaintiff’s acquisition cost of KRW 53,680,220 as the lessee; and (c) provided the said vehicle with the monthly lease fee of KRW 1,263,893 for 44 months; and (d) kept the said vehicle for the victim on December 26, 2014, the Defendant embezzled it by providing the said vehicle as security.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement of the police statement related to G;

1. Each protocol of seizure;

1. Application of statutes, such as a copy of contract;

1. Relevant Article 355 (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [the types of decisions] Embezzlement Embezzlement Embezzlement Embezzlement Misappropriation, Type 1 (less than KRW 100 million) / None of the persons who are subject to special sentencing] [the decision of recommended punishment] basic area, April of imprisonment and April and April 1.

3. Two years of probation, etc. for the period of ten months of imprisonment with prison labor (the details and result of the crime, the fact that the defendant has no criminal record for the same kind of crime and has no criminal record for the suspension of execution, the fact that the vehicle in this case was seized, the progress of the case, such as acquisition of stolen goods by related persons, and other circumstances, such as the age of the defendant, sex, and criminal record, etc.);

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