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(영문) 의정부지방법원 고양지원 2016.06.30 2014고단2541
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 11, 2013, the Defendant: (a) entered into a lease agreement on the condition that the Defendant would pay 2,32,300 won per month between November 11, 2013 and November 10, 2015 as lease fees for KRW 2,32,300 per month between November 11, 2013 and 48 months from the date of the 25th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 201st of the 2nd of the 201st of the 2nd of the 2013rd of the 2nd of the 2nd of the 2nd of the 2013

On January 27, 2014, the Defendant: (a) borrowed KRW 30,00,000 from H around the Defendant’s house located in G at the time of Pakistan on January 27, 2014; (b) lent the said vehicle to H voluntarily as a collateral for the said vehicle.

Accordingly, the defendant embezzled the victim's property.

2. On November 22, 201, the Defendant entered into a lease agreement on the condition that the Defendant would pay 1,796,700 won as lease fees between November 22, 201 and November 22, 2014, for the victim case type Co., Ltd. and for the 73,622,170 won owned by the victim, for the 1,796,70 won as of the 22th day of each month between November 22, 201 and November 22, 2014, and received the said vehicle from the injured party on the same day.

On February 10, 2014, while the Defendant kept the said vehicle for the victim, he borrowed KRW 15,00,000 from H before the Defendant’s house located in G at the time of Pakistan, and released the said vehicle to H at will as a collateral.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each complaint;

1. Application of Acts and subordinate statutes to a report on investigation (h telephone statement hearing);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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