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(영문) 대전지방법원 홍성지원 2015.11.27 2015고단961
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2011, the Defendant: (a) concluded a lease agreement with the victim (hereinafter “Plaintiff”); (b) the acquisition cost of the victim’s (hereinafter “Plaintiff”); (c) KRW 56,383,630; (d) monthly lease fee of KRW 1,229,800; and (e) the lease period of KRW 36 months; and (e) received a delivery of the said vehicle and kept the said vehicle for the victim; (b) received a notice of termination of the contract progress on July 5, 2013 from the end of May 2013; and (c) received a notice of termination of the contract from the victim on July 5, 2013; and (d) provided the victim with the said notice of termination of the contract progress by the victim on July 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Termination disbursement/collection details, and application of motor vehicle registration certificates and Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Type 1 (4-100,000 won or less) basic area (4-100,000 won or less) [no person who has been specially punished] [decision of sentence] 6 months of imprisonment, 2 years of suspended sentence, the defendant's first offender, 2 years of suspended sentence, the defendant's first offender, 23 million won of lease fees, and the defendant's age, character and behavior, environment, motive and circumstance of crime, etc., and all the conditions of sentencing as seen above shall be comprehensively considered in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive and circumstance after crime.

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