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(영문) 의정부지방법원 2017.11.09 2016고단4049

횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 11, 2014, the Defendant entered into a car lease agreement between the Plaintiff’s Hyundai Capital Co., Ltd. and the Plaintiff’s Hyundai Capital Co., Ltd. (hereinafter “D”) to pay and use the vehicle rent of KRW 2,086,50 per month between 36 months and KRW 14,660,000 between the vehicle price of KRW 73,30,000 and KRW 14,660,00, and the Defendant received delivery of the said vehicle and kept the said vehicle for the victim.

After that, on July 2014, the Defendant transferred the said vehicle to F (personally non-personal information) without the consent of the victim, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A copy of the content certification and counseling records;

1. An application for lease, a written estimate of lease, a written order ordering a leased vehicle, a tax invoice, a lease terms and conditions, and a statement of termination of the lease;

1. Details of deposits;

1. Certification of the contents (Notification of Termination) and application of the Acts and subordinate statutes to inquire about the history of counseling for Capitals;

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

1. The sentencing guidelines for crime of embezzlement and breach of trust under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Types of Decision] Class 1 of the sentencing guidelines for crime of embezzlement and breach of trust [where considerable damage is recovered [the scope of the recommended sentence] [the scope of the mitigated sentence]: Criteria for the suspension of execution ofO for not more than 10 months [the main reason is negative] where substantial damage is recovered, where the amount of actual damage is considerably small [the main reason is positive], where there is a very small amount of damage [the general reason is positive], the following reasons are against the defendant's fault in depth through the life of detention; the fact that there is no profit gained by the defendant while transferring the vehicle seems to be nonexistent; the fact that the defendant has paid deposit money of less than 14,660,000 won and the rent of more than 21,910,716 won to the victim company; the fact that the victim was punished by a fine of not more than 200,00,00 won before November 17.