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(영문) 춘천지방법원 영월지원 2013.10.22 2013고단267
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

On August 3, 2010, the Defendant entered into a lease contract with the Defendant to the effect that the victim has ownership of the leased goods at the Esphere's office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, on the same day as the lease amount of KRW 55,947,260, and the repayment period of KRW 36 months, and received the said car from the victim on the same day.

While the Defendant kept the said car on behalf of the victim, from July 2012, the Defendant did not pay the agreed rent to the victim from around July 2012, and on November 15, 2012, the victim notified the Defendant of the termination of the said lease agreement by mail and demanded the Defendant to return the said car.

As above, the Defendant refused to return the said car without any justifiable reason and embezzled it even when the Defendant received a request for return of the said car equivalent to KRW 55,947,260 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Second police suspect interrogation protocol against the accused (including the C’s statement);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an investigation report (report attached thereto, such as a lease agreement);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution (the victim does not want the punishment against the defendant, the defendant returned one set of B human vehicle B, the defendant returned to the victim only one time of fine, and the defendant was not only before and after only one time of fine, etc.) of the Criminal Code (The reason for sentencing is the range of punishment [the decision on the recommended area] below 100 million won (the decision on the recommended area] [the scope of punishment] [the scope of suspended sentence] from January to October [the scope of suspended sentence]] - The main reason for suspended sentence - The main reason for suspended sentence - The reason for suspended punishment is that there is no serious reflection of pride, or there is no criminal record of suspended sentence or more.

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