beta
(영문) 수원지방법원 안산지원 2013.11.08 2013고단2168

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 12, 2012, the Defendant entered into a lease agreement with the victim company, 15th floor of the Gangnam-gu Seoul East Eastern Social Finance Co., Ltd., 837-36, and received the said car on the same day. The Defendant entered into the lease agreement with the victim company to the effect that the victim company and the 36th month of the lease rate for the Bbenz CS 350 automobiles owned by the son company, and the lease company may terminate the lease agreement if the Lessee is owned by the Lessee regardless of its registered name, and the Lessee fails to pay the lease fee, etc., and the Lessee may return the vehicle to the place designated by the Lessee.

While the Defendant kept the said car on behalf of the victim company as above, on February 2013, the Defendant transferred the said car as collateral for the purpose of securing the security to the person who was not the creditor of the Defendant, who was the creditor of the Defendant.

Accordingly, the Defendant embezzled the car of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of payment of rent, application for automobile lease, and application of the statutes of the automobile lease agreement;

1. Article 355(1) of the Criminal Act applicable to the crime, Article 355(1) of the Criminal Act, Article 355(1) of the victim’s unrepared damage amounting to 72 million won for the reason of sentencing the sentence of imprisonment option, and the possibility of its repayment appears to be small. In addition, all the circumstances, including the motive and circumstances leading to the crime of this case, the defendant’s age, occupation