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(영문) 대전지방법원 2016.06.21 2015고단4220
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was in custody of the Defendant for the victim by leasing the Victim B B MW X5 passenger cars (vehicle number: D) equivalent to KRW 89.9 million at the market price from Korea Co., Ltd. of the Victim B, during the period of Ansan-si around May 26, 2015, while the Defendant was in custody for the victim by leasing the Victim B MW X5 passenger cars (vehicle number: D) at the rate of KRW 89.9 million.

8. At the marb below the size of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the vehicle owned by the victim was embezzled by borrowing KRW 15 million from the “E” and providing the above vehicle as a collateral for transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes, such as contract confirmation, financial application, and lease contract;

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

1. The vehicles affected by the reason for the suspended sentence were returned to the victim, the defendant deposited KRW 10 million for the victim, the defendant reflects the fact that the defendant was punished beyond the fine, the fact that there is no record of the crime that the defendant was punished beyond the fine, and other various conditions of sentencing, including the background of the crime in this case, the age, criminal conduct, and the environment, shall be determined as the sentence as ordered.

It is so decided as per Disposition for the above reasons.

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