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(영문) 광주지방법원 2016.02.18 2015고단4895
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 9, 2013, the Defendant concluded a lease contract with the victim Aju Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) to BMW car, and kept the said car in custody at the market price equivalent to KRW 67,181,208 at the victim Co., Ltd., the Defendant borrowed KRW 10,000,000 from the non-registered bonds company in the name of the non-registered restaurant on May 2014 and transferred the said car to the bond company.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to Oral lease agreements, Oral lease agreements, and a description of loans;

1. The reason for the sentencing of Article 355(1) of the relevant Act on the criminal facts [the scope of recommendations] Article 355(1) of the relevant Act on the grounds of the sentencing [the grounds for the sentencing of Article 355(1) of the Criminal Act / [the scope of recommendations] No (4 months to be less than KRW 100 million) [the sentencing person] [the defendant has no criminal records of the same kind or suspended execution [the sentence], but the defendant has no criminal records of the same kind or suspended execution. While the defendant entered into a lease agreement with the victim company on December 9, 2013, even if he/she entered into the lease agreement with the victim company on March 20, 2014, he/she did not pay the remainder of the lease fees of three months until March 20, 2014. The defendant did not make any effort to recover damage, other than that, the defendant's age, sex, environment, motive for and circumstances after the crime in this case, and various changes in the sentencing.

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