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(영문) 서울북부지방법원 2017.09.14 2017고단2236
횡령
Text

The punishment of a defendant shall be eight months.

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

Reasons

Punishment of the crime

On December 2, 2015, the Defendant: (a) lent B B B B B B B B BV cars with a monthly lease fee of KRW 930,060, and KRW 48 months in the Gangnam-gu Seoul bankruptcy, which was KRW 55,000,000, in the 301 B B B B B B B-B car market located in Gangnam-gu Seoul, as the Seoul bankruptcy; (b) around that time, the Defendant received and kept the car.

On March 2016, the Defendant transferred a passenger car to a person with no knowledge of the name having a claim against the Defendant.

The Defendant embezzled the car of Korea Co., Ltd., which was the victim IMBs in his custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

1. Article 355 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

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

1. Determination of punishment under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria recommended: Imprisonment with prison labor for up to four months and one year and four months;

2. Decision of punishment: to recognize errors;

There are six years of a fine.

Among them, crimes that interfere with the exercise of rights similar to those of this case are committed.

The damage is so wide that the defendant was unable to recover the damage.

It shall take into account the fact that the victim company has recovered the vehicle later.

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