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(영문) 전주지방법원 2013.03.07 2012고단2925
횡령
Text

A defendant shall be punished by imprisonment for six 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 October 13, 2011, the Defendant leased and used the said vehicle under the condition that it did not perform any act that may infringe on the rights and interests of the victim, such as by concluding a lease contract with the victim for 44-month lease of KRW 1,583,400, monthly rent of KRW 69,700,000 which is the market price of the Mez comprehensive financial securities owned by the victim at Hansung Automobile Co., Ltd., Ltd., the Seocho-gu Seoul Metropolitan Government, Seoul Metropolitan Government, and by providing the said vehicle to a third party for the purpose of security during the contract period.

On December 201, the Defendant borrowed 30 million won from the underground parking lot of the Gangnam-gu Seoul Metropolitan Government D Building from the victim's vehicle, and embezzled the above benz vehicle for the purpose of securing security.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the automobile lease contract, detailed statement of calculation of the amount to be redeemed halfway, termination of the lease contract, and the Acts and subordinate statutes requesting return of vehicles

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

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of not less than Article 62(1) of the Criminal Act (a favorable circumstances, such as the confession of and reflect against the crime by the defendant, the primary crime, and the unanimous agreement with the victim);

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