beta
(영문) 수원지방법원 평택지원 2015.04.23 2014고단1428

횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On April 24, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and three years of suspended execution on the grounds of violating the Door-to-Door Sales, etc. Act at the Suwon District Court House.

5.2. The ruling becomes final and conclusive and is currently in suspension of execution.

【Criminal Facts】

On January 31, 2013, the Defendant: (a) concluded a lease contract on the condition of monthly lease fee of KRW 2,633,400, and lease period of KRW 36 months with the victim’s company’s market price of KRW 97,000,000 owned by the victim’s company in the D office located in Suwon-si, Suwon-si, the Defendant borrowed KRW 20,000,000 from the name in the name in the name in the name in the name in the name in the name (F) in September 2013 and embezzled the said vehicle owned by the Defendant for the purpose of securing the said vehicle by borrowing KRW 2,00,000 from the D office located in Suwon-si, Suwon-si, the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement related H;

1. Copy of the automobile leasing contract, copy of the automobile leasing terms and conditions, copy of the automobile leasing contract, copy of the peremptory notice of semi-payment of the vehicle, scheduled termination of the lease contract and copy of notification of vehicle return, copy of the automobile registration certificate, copy of the corporate registration certificate, copy of the bond register, repayment order, and deposit of operating

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (report on attachment of similar cases)-related Acts and subordinate statutes;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A significant amount of embezzlement shall be repaid, and the conditions unfavorable to latter concurrent crimes of Article 37 of the Criminal Act shall be the recommended sentences for the same kind of crime.