beta
(영문) 춘천지방법원강릉지원 2020.10.23 2020고단649

횡령

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around February 13, 2019, the Defendant entered into a lease agreement with the victimized company on the condition that the victimized company will immediately return the leased vehicle, and that the said vehicle should be transferred from March 6, 2019 to March 5, 202, on the part of the injured party’s market price of at least 26,810,000 won, if the Defendant fails to carry out the agreement, such as paying the lease fee of at least 548,000 won each month from March 6, 2019 to March 5, 202, and failing to pay the lease fee of at least two consecutive occasions.

On April 8, 2020, the Defendant refused to return the said car without justifiable grounds, despite being notified by the victim of the termination of the lease contract on the grounds that the monthly rent was unpaid.

Summary of Evidence

1. Investigation report (Attachment of vehicle photographs) on the defendant's legal statement;

1. A motor vehicle lease contract, early termination, notification of vehicle payment, and application of statutes of a motor vehicle registration certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession and reflect of the crime by the defendant, and the fact that there is no record of the same crime or any criminal record of the suspension of execution or more);