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(영문) 대구지방법원 안동지원 2018.07.24 2017고단628
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the spouse under the law of B.

On June 5, 2015, the Defendant had B enter into a lease agreement with the victim Hyundai Capital Co., Ltd. at an agency located in C in the permanent residence of June 5, 2015, and received the vehicle delivery.

[The contents of the lease agreement] Objects: Eerck-type cruise car lease contract worth KRW 35,00,000 in the market price of the victim: 537,100: From June 9, 2015 to June 9, 2019, the ownership of the leased vehicle: “The ownership of the leased vehicle is the lease company, and the lessee has the right to use the leased vehicle, and the lessee is only entitled to terminate the lease agreement and claim the return of the leased vehicle if the lessee fails to pay the lease fee,” while the Defendant kept the said vehicle on behalf of the victim, he embezzled the said vehicle from the “H office” managed by G located in the Gangwon-gun, Gangwon-gun, and from the “H” office to receive KRW 10,000,000 from the said “H” as collateral.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made to I and G;

1. Application of Acts and subordinate statutes to accusation, copy of lease agreement, copy of standard contract for loan transaction, and copy of certificate of vehicle storage;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense. Article 355 (1) of the said Act

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant, upon entering into a lease agreement for reservation of ownership, entrusted the above vehicle as security to raise gambling funds with the knowledge that the ownership of the said vehicle was well known to the damaged company.

The amount of damage caused by the damage company has not been much and the damage has not yet been restored.

On the other hand, the defendant has no specific penalty power, and he has paid monthly rent of about 10 times after concluding a lease contract, and he has paid damages in the future.

otherwise, the age of the defendant;

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