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(영문) 전주지방법원 군산지원 2019.03.27 2018고단1457
횡령
Text

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

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

Reasons

Punishment of the crime

The defendant is a person in charge of purchase and distribution as the director of the headquarters of the Bank of Korea.

On June 8, 2015, the Defendant entered into a car lease agreement with the victim company D (hereinafter referred to as the "victim company") on the condition that he/she pays 1,245,500 won each month during the period from June 10, 2015 to June 10, 2019 and uses 48 months from June 10, 2015, in order to use coos vehicle in the name of the company in the company in the company in Nam-gu, the Defendant received the said coos vehicle from the victim company.

The Defendant agreed to the effect that “the ownership of the leased vehicle exists to the victim and shall not transfer, sublease, or provide collateral without the victim’s prior written consent.” In concluding the said lease agreement with the victim, the victim company had ownership of the said vehicle during the lease period.

As above, while the Defendant paid rent to the victim company until December 10, 2017 while keeping the above Ecoos vehicle owned by the victim company for the victim company, and thereafter the lease fee was overdue, and thus the victim company demanded the return of the above Ecoos vehicle from the victim company, the Defendant provided the above Ecoos vehicle as collateral for the 7 million won loan borrowed from E by the bond company E in March 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the accusation, application for D Motor Vehicle Lease, basic terms and conditions of credit transactions, terms and conditions of automobile lease, and provisions of Acts and subordinate statutes on guidance for termination of lease;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (a decision of type) shall be limited to embezzlement and breach of trust (a decision of type ).

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