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(영문) 수원지방법원 2018.05.24 2017고단7576
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 2, 2013, the Defendant entered into a lease agreement with the Defendant to pay KRW 1,482,600 per month for 36 months for the C Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod Pod 1

The Defendant did not pay the lease fee of the Plaintiff on June 1, 2014 while the Plaintiff received and used the said car for the victim, and was notified of the termination of the contract and the return of the said car from the injured party on July 11, 2014 due to the long-term default of the lease fee. However, the Defendant’s refusal to return the car and embezzled it.

Summary of Evidence

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

1. Complaint;

1. Application of the motor vehicle lease agreement, the instruction for termination of a motor vehicle lease agreement, and the statutes of the original register of motor vehicle registration;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from April to January 1) of the sentencing criteria shall be the scope of the recommended punishment [the scope of the recommended punishment] (the scope of the punishment shall be less than 100 million won) of the basic area (no person subject to special sentencing];

2. The sentence sentence decision defendant entered into a lease contract for a car outside the country, but caused damage to the victim by obtaining a loan as security because the funds for the operation of the company of the defendant was insufficient, and the vehicle used as a large lane causing new danger to society, etc., the defendant's mistake is recognized, the defendant's age, sex and behavior, environment, motive, means and consequence of the defendant's crime of this case, the circumstances before and after the crime of this case, and other various sentencing conditions specified in Article 51 of the Criminal Act as stated in the records of this case shall be sentenced to the same sentence as the order.

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