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(영문) 인천지방법원 2015.02.27 2014고단8259
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 8, 2014, the Defendant entered into a lease agreement with the victim to pay ML63GG car (F) monthly rent of 3,354,310 won from the victim during the 48-month period, at “E,” which is an affiliated store of Korea Korea Ltd., the victim ML63G car (F) located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and embezzled the above vehicle at the market price of 149,500,000 won owned by the borrower to G on the same day while delivery of the above vehicle to the victim and custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes, such as a complaint, motor vehicle registration certificate, motor vehicle lease contract, and lease terms and conditions, a repayment schedule, and details of arrears;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] the basic area (one to three years) (one to one year) of the types of subparagraph 2 (the amount of not less than 100 million won but less than 500 million won)

2. Determination of sentence recognizes and reflects the offense of this case, and there are no records of the same kind and suspension of execution or more, under favorable circumstances, that there is no significant amount of damage, and that there is no agreement with the victim, considering unfavorable circumstances, the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc. shall be determined as ordered.

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