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(영문) 부산지방법원 서부지원 2019.10.17 2019고단1462
횡령
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On December 5, 2017, the Defendant entered into a lease agreement with the victim D (owner) and the EF of the amount equivalent to KRW 66,703,00,00 for the lease fee of KRW 1,076,950 per month on the condition that the lease fee of KRW 1,076,950 per month shall be paid for the said vehicle for 36 months at the Busan Southern Exhibition, which was located in Suwon-gu, Busan, and embezzled the said vehicle for the victim on October 18, 2018.

2. Around March 7, 2018, the Defendant entered into a lease agreement with the victim D (owner) and the Plaintiff for the first vehicle of HI in an amount equivalent to KRW 73,226,980, the market value of which was KRW 2,195,640 per month on condition that the lease fee of KRW 2,195,640 per month is paid for 36 months, and took over the said vehicle and took custody of the said vehicle and embezzled the said vehicle for the victim. On September 18, 2018, the Defendant sold the said vehicle to J at a non-place and embezzled it by arbitrarily transferring the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints of D Co., Ltd;

1. Application of Acts and subordinate statutes to the copy of the lease agreement and the lease agreement, the H lease agreement, and the lease agreement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years and six months;

2. Scope of the recommended punishment according to the sentencing guidelines (a decision of type) (a decision of type) for embezzlement and breach of trust shall be at least 10 million won (type 2) for embezzlement and breach of trust, less than 50 million won [the scope of the recommended area and the scope of the recommended punishment] for basic areas, 8 months to 3 years for imprisonment (a/3 reduction of the lowest limit of the sentencing range due to the increase in the first step as a result of summing up the same competition).

3. Determination of sentence: The crime of this case committed by the defendant for ten months shall be arbitrarily disposed of to a third party after the defendant entered into a lease contract for a vehicle from a victimized company.

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