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(영문) 대구지방법원 2015.01.23 2014고단3555
횡령
Text

A defendant shall be punished by imprisonment 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

Around January 24, 2013, the Defendant entered into a lease agreement with the LAF Co., Ltd. in Daegu-gu, Daegu-gu, under which the Plaintiff would make a lease agreement between the LAF and the LAF, under which the Plaintiff would pay one EAF car in the amount of KRW 11,318,00,000, monthly 2,749,900 for 48 months, and kept the said car for the victim. On January 24, 2014, the Defendant embezzled the said car by providing the said car for the purpose of securing the Defendant’s loan of KRW 50,000,000 from H, the creditor, within the land of the LAF, which is operated by the Defendant at the time of the non-payment agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes to file a complaint, an application for vehicle lease, a certificate of personal seal impression, a copy of the Daegu bank passbook sign, a business registration certificate, a certificate of entire registered matters, the register of automobiles, a statement of claims, a statement of scheduled legal proceedings, preliminary guidance for termination of each lease contract (A, G), details of deposits, individual deposits, the details of deposits, the SKKcar website, the details of capital counseling and inquiry meetings, and the application of investigation reports

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the favorable circumstances among the reasons for sentencing") of the suspended sentence are as follows: (a) considering the favorable circumstances, such as the accused's age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime; and (b) the sentencing guidelines (the type of embezzlement crime, type 1, the mitigated area of mitigation, the scope of recommending punishment: imprisonment with prison labor for 1 month - 10 months) as indicated in the argument of the instant case, taking into account the following factors: (c) the accused's confession of the crime and reflects his mistake; (d) the Defendant has paid rent for one year; and (e) the victim and the victim have agreed smoothly; and (e) the victim have not been punished once

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