beta
(영문) 청주지방법원 2016.09.27 2016고단231

횡령

Text

1. The defendant A shall be punished by imprisonment for eight months;

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

Reasons

Punishment of the crime

Defendant

A was the representative director of corporation D, and Defendant B was the former director of the corporation.

Defendant

A entered into an automobile lease agreement with respect to the Fran Capital Co., Ltd. in the name of the injured party and the G ASEAN Co., Ltd. owned by the injured party with respect to the 60-month lease contract period, 24,44,300 won monthly lease fee of KRW 3,224,717 on September 16, 2014, and received the said vehicle from the injured party.

Defendant

A, while using the above vehicle and keeping it for the victim, around March 2015, around the day when the above company operated by the defendant was difficult, and the defendant B, the company, the former manager of the company, deliver all relevant documents, such as the registration certificate of the above vehicle and the lease contract, to the owner of the vehicle, and the defendant B transferred the above vehicle in the amount of KRW 170 million at the market price to the motor vehicle dealer whose name cannot be known at the time of the time.

Accordingly, the Defendants conspired and embezzled the above vehicle owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes governing inquiries into the head of a loan center, the details of gold entering into a lease operation (indirect), the current status of Ototour Loan Repayment, examination table, sharing Otour Lease Agreements, etc., all matters to be registered, certificates (D), estimates for sharing Otour Lease, automobile transaction contracts, automobile registration certificates, and rulings on provisional seizure of real estate;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Embezzlement and breach of trust within the scope of the recommended punishment according to the sentencing guidelines, and the imprisonment with prison labor for less than 100 million won or less than 500 million won (two types) to 6 months to 2 years: Where a significant damage has been restored;

2. The defendants' erroneous determination of sentence is recognized and reflects the defendants, the background leading to the crime, and the vehicle in this case is recovered from the victims.