beta
(영문) 부산지방법원 동부지원 2019.01.17 2017고단2646

횡령

Text

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

Reasons

Punishment of the crime

Around December 24, 2015, the Defendant was the representative of the Dispute Resolution Co., Ltd., and entered into a lease agreement with the victim-owned DD DD DDD Co., Ltd. to use the said D D D D D D D D D D D D D D D D D D D D D Co., Ltd., and around that time, he/she was transferred and used the said vehicle for the purpose of collateral. On August 2016, 2016, the Defendant embezzled it by transferring the said vehicle for the purpose of collateral, with the acquisition cost of KRW 90,000,000,000,000,000,000,000,000 won from the first policeman.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the termination of lease contract and the return of a vehicle;

1. Application of loan certificate Acts and subordinate statutes attached to the investigation report;

1. The relevant statutory provisions for criminal facts and the reasons for sentencing of Article 355(1) of the Criminal Act [the scope of recommendations set forth in the sentencing guidelines] (the scope of recommendations set forth in the sentencing guidelines) shall be less than KRW 100 million (type 1) on the basis of the sentencing guidelines for the embezzlement crime (type 1: April to April 14): No special person: (a) the amount of damage amount is determined within the scope of recommendations set by the sentencing guidelines, taking into account the size of damage amount, the amount of damage not yet recovered, etc.