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(영문) 부산지방법원 2014.03.27 2013고단8606
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

Around March 2012, the Defendant received a loan from the said B to operate a D-C car in the amount of KRW 40,500,000 at the market price, which was operated by B under lease from the victim C.

On July 2012, while the defendant kept the above car for the victim, he was granted a loan of KRW 10,000,000 from the person who was absent from his name in a non-permanent hot spring area in Busan Dong-gu, and provided the above car as security at his own discretion.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the lease contract or the register of automobiles statutes;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (not a large number of damage, but a primary offender shall be taken into account);

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