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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 19, 2013, the Defendant received D 5 automobiles from C, which had been under the educational system at the time of the trial.
On March 19, 2013, the said car was delivered by entering into a lease contract with the victim company for the lease fee of KRW 59,300 per month, and the lease period of 48 months with the victim, the defendant was well aware of these circumstances.
Nevertheless, on June 2013, the defendant borrowed 5 million won from the person who was not the party in the name of the defendant, and as a security for the borrowed money, the above car was placed in the name of the person who was not the party in the name of the defendant.
In the end, while the Defendant kept the above passenger car (not less than KRW 9,378,00 at the market price) owned by the victim company for the victim company, he embezzled by transferring it to another person for the purpose of collateral security.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect C by the prosecution;
1. The police statement concerning F;
1. Application of statutes on a motor vehicle lease application, a business registration certificate, and a claim statement;
1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the Defendant did not have much amount of damage on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is inevitable to strictly punish the Defendant as he/she does not have any effort to recover damage.
However, the defendant has no criminal record of the same kind, confessions a crime, and reflects his depth.
In addition, there are many circumstances that can be considered in the context of crimes.
In this context, considering all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the punishment is determined as ordered.