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(영문) 광주지방법원 순천지원 2019.11.29 2019고단1994
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 June 10, 2016, the Defendant: (a) concluded a lease agreement with the victim D Co., Ltd. and E UA6 vehicles in Seo-gu, Gwangju, and operated the said vehicle by taking over the said vehicle owned by the victim; and (b) on April 13, 2018, the Defendant embezzled the said vehicle equivalent to KRW 57,079,541 at the market price by refusing to return the said vehicle without justifiable grounds, despite the victim’s demand for early termination of the lease agreement and return the said vehicle on the grounds of arrears in the lease fee of the Defendant; and (c) subsequently, the victim

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application for a long-term siren, long-term siren car agreement, register of automobiles, details of receipt of disposable rental fees, prior notice of cancellation of a facility lease contract, prior notice of cancellation of the contract, and application of Acts and subordinate statutes of the demand letter for return of vehicle following the termination of the contract for

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant has led to the confession of the crime in this case, and has agreed to the victim smoothly, under favorable circumstances, the defendant's age, character and conduct, environment, health conditions, motive and result of the crime in this case, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions as shown in the arguments in this case, including the circumstances after the crime

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