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(영문) 부산지방법원 2015.08.20 2015고단2540
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant entered into a contract to lease 660,000 won monthly rent for 48 months from 48 months from 2,6170,000 won, the market price of the victim company, between D and D, who is an employee of the C Hospital Computer Team located in Geum-gu, Busan, the Defendant: (a) purchased the said vehicle from D before the above C Hospital and kept it for the victim at the same place on the same day, and embezzled it by transferring the said vehicle to F, the borrower, as security, at the same time on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a protocol of suspect examination of the police against F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of a motor vehicle registration certificate, a copy of the vehicle lease contract, a vehicle transfer certificate, a confirmation of termination of the contract, and a copy of a request for return

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

1. The sentence as ordered is imposed in consideration of all the circumstances, including the reason for sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing) and the reason for sentencing [the scope of recommending sentence] under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] (the period from April to January 14] of the basic area (the period from April to April) [the person who has been sentenced to imprisonment] [the decision of sentencing] that the defendant has no record of having committed the same kind of crime or been sentenced to a fine or heavier punishment; the crime of this case has the purpose of basic livelihood treatment expenses, etc.

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