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(영문) 제주지방법원 2013.05.31 2013고단268
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around July 29, 2011, the Defendant: (a) at the victim Hyundai Capital Co., Ltd.’s Jeju Island 291-44, the Defendant: (b) concluded a car lease agreement with the victim’s “Systy Ethy Eth (hereinafter “E”); and (c) took over and kept the said vehicle for 695,300,000 won (hereinafter “E”) around August 9, 2012, the Defendant embezzled the said vehicle at his own discretion by delivering the said vehicle to F, a credit service provider, for security; and (d) embezzled the said vehicle equivalent to KRW 29,830,000,000 (hereinafter “E”) at the victim’s market price.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on rental vehicle contracts and standard loan transaction contracts;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Social service order: The punishment shall be determined as ordered in consideration of all the following circumstances, taking into account the scope of recommendation and sentence [the crime of embezzlement and breach of trust, the category 1 (less than KRW 100 million), the basic area of imprisonment, April - April 1] on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., and the following circumstances: The favorable circumstances are the time of crime; there was no effort to recover damage; circumstances after the crime have been committed (the victim company intends to recover the vehicle through legal procedures; the defendant applies for personal bankruptcy). It is so decided as per Disposition on the grounds of age, family relationship, etc. of the defendant.

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