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(영문) 서울서부지방법원 2017.03.29 2016고단2077
횡령
Text

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

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

Reasons

Punishment of the crime

On March 13, 2015, the Defendant entered into a contract on the lease of Don Don Don Don Don Don Don dong-si C on the condition that the Defendant would pay 17,000,000 won monthly rent for five years from the date of delivery of the vehicle under the name of the victim corporation E, the representative director, and then embezzled it without complying with the request by the victim corporation on April 9, 2016, while keeping and operating the vehicle at delivery of the above vehicle amounting to KRW 60,00,000,000 at the market price of the victim corporation around July 31, 2015, while paying the monthly rent from around July 31, 2015.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written response to the adviser in the embezzlement-related case;

1. Notice of the termination of a heavy term and the return of a vehicle;

1. Application of Acts and subordinate statutes to each investigation report;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the fact that his/her mistake is against others, that the damaged vehicle has returned to the victim company and a substantial portion of the recovery from damage has been made, and that there is no record of punishment for the same crime);

1. The community service order under Article 62-2 of the Criminal Act;

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