beta
(영문) 울산지방법원 2015.09.17 2015고단695

횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant: (a) entered into a lease agreement with Hyundai Capital Co., Ltd., Ltd. on condition that he/she would pay rent of KRW 818,300 per month at the Hyundai Motor C agency located in Dong-si, Seoul for 48 months; and (b) was in custody for the victim company and operated a DBG car owned by the victim company; (c) on January 24, 2013, the Defendant embezzled the said car by borrowing KRW 7 million from the KBE debate and arbitrarily offering the said car equivalent to KRW 30 million at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each certificate, written consent, content certification, statement summary, application for automobile lease, terms and conditions, payment statement, anticipated guidance for termination of a lease contract, resident registration card, certificate of personal seal impression, and the register of automobiles;

1. In light of the pertinent legal provisions on criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the reasons for sentencing of sentence [the scope of recommending punishment] [the grounds for sentencing of imprisonment] 1 (100 million won] basic area [the decision of sentence], but there are many criminal records such as drinking driving, etc., which are subject to a fine, and the fact that the defrauded did not pay damages without any significant amount of money, the accused cannot be exempted from punishment corresponding thereto.

However, it is not necessary to place a statutory detention in consideration of the fact that the payment for damage has been repeated.