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(영문) 의정부지방법원 2016.09.28 2016고단1258
횡령
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant entered into a lease agreement with Hyundai Motor Co., Ltd., Ltd., Ltd., Ltd., Ltd., Inc., Ltd., located in Nam-gu, Nam-gu, Nam-gu, and paid KRW 578,300 each month between July 22, 2016 and July 22, 2016 to the damaged company rent, and used the said Lone Star Co., Ltd., which is owned by the victimized company, after receiving delivery from the victimized company.

However, on May 2015, the defendant delivered the above vehicle to the creditor E as a substitute for the vehicle to the creditor of the defendant.

After all, while the defendant kept the above vehicle equivalent to 9.190,000 won at the market price of the damaged company, he disposed of it to another person without the consent of the victim.

Summary of Evidence

1. Defendant’s legal statement

1. F the application of the statutes governing the notice of termination of lease, such as a copy of the police statement of F, a copy of the application for goods, a copy of the agreement on vehicle lease, a written estimate for automobile lease, a copy of the fact and condition of the automobile sales contract, a lease documents, a certificate of seal impression, a vehicle register, a vehicle register, details of settlement, payment details, and

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

1. The reason for sentencing of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1)(the grounds for sentencing [the scope of punishment recommended] Article 1(1) of the Act on the Suspension of Execution [Article 62(1)(the scope of punishment shall be less than 100 million won] where damage is recovered [the person who is specially mitigated] [the decision of punishment

Until now, 44 lease fees have been paid more than 60 times, the economic situation has deteriorated, resulting in the crime of this case, and thereafter the Korea Asset Management Corporation, which is the transferee of bonds, fully repaid its obligations.

Until now, only two times of fine has been punished.

In this context, the scope of recommendations on the sentencing guidelines, and various sentencing conditions, such as Defendant's age, motive, means, results, and conditions after the crime.

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