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(영문) 수원지방법원 안산지원 2016.03.23 2015고단4081
횡령
Text

A defendant shall be punished by imprisonment 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 October 27, 2012, the Defendant paid KRW 659,00 per month to the victim KB Capital and paid KRW 19,120,000 per month for 36 months, and entered into a lease agreement on the condition that the remaining principal of the lease would be acquired by transfer or re-lease upon the expiration of the lease period, and then, upon receiving loans of KRW 12,00,000 from C in Seoul around August 2015 while keeping the said vehicle for the victim, the Defendant provided the said vehicle as security.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by KB Capital;

1. An agreement on automobile lease;

1. Automobile registration certificate;

1. The Schedule to pay the principal and interest;

1. A trading statement;

1. Application of information statutes to which termination of a lease agreement is scheduled;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (less than KRW 100,00) of the basic area within the scope of the recommended punishment (from April to April);

2. The Defendant’s age, sex, environment, the background of the instant crime, circumstances after the commission of the crime, etc.

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