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(영문) 춘천지방법원 강릉지원 2016.05.20 2015고단1372
횡령
Text

Defendant shall be punished by a fine of four million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On August 14, 2013, the Defendant entered into a lease agreement between the Defendant and the Defendant, on condition that he would pay KRW 974,300 per month rent from August 20, 2013 to 60 months from August 20, 2013. On August 19, 2013, the Defendant provided and embezzled the said vehicle for the purpose of securing the victim’s company by taking delivery of the E-V cruise vehicle from the victim company and taking custody for the victim company. On February 2, 2015, the Defendant provided loans of KRW 10,000,000,000 from the non-performing lender at the neighboring parking lot of the Samyang-dong medical clinic located in Yangyang-dong, Samyang-dong, 205.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A complaint;

1. Application of counseling table, siren car application form, automobile registration ledger, text message photographic Acts and subordinate statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation in case of choosing imprisonment] The special mitigation area (if the risk of damage to a person subject to special mitigation is not substantially realized, punishment shall not be imposed; if the risk of damage is not realized, one month to ten months shall be sentenced] confession and living; the risk of damage caused by the act of providing security in this case is not significantly realized; the recognition of illegality is not confirmed in light of the fact that the normal payment of rent from the act in this case to July 2015 after the act in this case was committed on February 2015; the recognition of illegality is presumed not to be confirmed; the victim does not want punishment; the defendant's health condition and support relationship is determined as ordered.

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