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(영문) 부산지방법원 2017.07.05 2017고정549
횡령
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 29, 2013, the Defendant completed the registration of the transfer of ownership in the name of the Defendant, upon receipt of a lease from the Victim Hyundai Capital Co., Ltd. from September 2, 2013 to June 20, 2017, from around 48 months from September 2, 2013 to around June 20, 2017.

Since then, the Defendant, while keeping the said Lone Star Co., Ltd., sold it to C in the manner of mind at the Busan Suwon-gu, Busan around February 14, 2014, and transferred it to C, and the possession was also transferred to C.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes, such as a lease agreement;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the Defendant agreed with the victim, and the circumstances constituting the conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., are to be mitigated than the summary order by comprehensively taking into account.

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