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(영문) 대전지방법원 2015.12.18 2015고단3833
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person with no special occupation.

On May 14, 2014, the Defendant: (a) lent a car with AE administration from the victim AD for 48 months at the mutual and American coffee shop located in Daejeon Jung-gu, Daejeon; and (b) made a vehicle lease contract with the content that the contract is terminated and the vehicle is returned at one time in arrears; and (c) submitted it to the victim through AF of the employees of the said company.

On June 12, 2014, the defendant accepted the above vehicle in the dwelling area of the defendant in Seo-gu Daejeon, Seo-gu, Daejeon and had the defendant keep the vehicle for the victim AD.

On or after September 30, 2014, the Defendant refused to return the contract and the vehicle despite being notified of the termination of the contract and the return of the vehicle by the above company on or around December of the same year, and sold it to a third party on or around June 2015 at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a police statement made to AH;

1. Article 35(1) of the relevant Act on the Punishment of Criminal Crimes; Article 355(1) of the Criminal Act; the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] No basic area (4-100 million won) [4-1 year and four months] [the person who has been specially punished] [the decision of sentence] [the fact that the amount of damage is not small, etc., the punishment shall be imposed upon the sentence considering the fact that confessions and reflects, partial repayment

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