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(영문) 서울중앙지방법원 2015.06.17 2015고단471
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant agreed to pay the lease fee of KRW 1,413,000 per month to 1,413,000 for 60 months on May 30, 201, and agreed to purchase a car at lease (hereinafter “instant car”) equivalent to KRW 90,000,000 at the market price of the victim’s ownership. On May 31, 2013, the Defendant continued to keep the said car on delivery.

On January 31, 2014, the Defendant refused to return the instant passenger car to the victim company after receiving notification of termination of the lease contract from the victim company on or around January 31, 2014. At that time, the Defendant transferred the instant passenger car to the non-party and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation protocol of the accused by the prosecution (including the statement of Q Q);

1. Statement of the police statement of Q Q;

1. Application of Acts and subordinate statutes to file a complaint, contract for facility leasing of a motor vehicle, terms and conditions of facility leasing of a motor vehicle, and notification scheduled termination of a lease agreement;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (less than 100 million won) and the basic area (from April to January 1) (no person specially punished];

2. Determination of sentence shall be made within the scope of the above sentencing criteria, taking into account various sentencing conditions, including the Defendant’s age, character and conduct, environment, the background and method of committing the instant crime, the result of the instant crime, the amount of damage, and the fact that no damage has been recovered until now.

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