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Reasons
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(영문) 대구지방법원 김천지원 2015.08.12 2015고단271
횡령
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A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2013, the Defendant entered into a lease agreement for a passenger car (B) with Hyundai Capital Co., Ltd. to pay lease fees of KRW 1,124,300 per month from the above date and time to March 6, 2018, and kept the said car owned by the victim from the victim.

While the Defendant kept the said car owned by the victim as above, on June 5, 2014, borrowed the said car as collateral at D Loan Office located in Daegu-gu, Daegu-gu, as well as KRW 15 million, to the employees of the said borrower, the said car and the key of the vehicle were assigned to the said borrower.

Accordingly, the Defendant embezzled the amount of KRW 38,400,000 at the car market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A criminal investigation report (Hearing statements of witnesses and reporting thereon);

1. Application for motor vehicle lease, terms and conditions of motor vehicle lease, motor vehicle register, termination of motor vehicle lease, guidance mail for termination of lease, and payment statement under Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) that the defendant reflects his mistake in depth, that the defendant returned the vehicle leased to the victim and the victim does not want the punishment of the defendant, and the age, criminal records, character and conduct, environment, motive and circumstance of the crime of this case, circumstances after the crime, etc. are considered in light of various conditions of sentencing as shown in the records and arguments

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