횡령
1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 23, 2014, the Defendant entered into a lease agreement with Korea for social service of the Victim Alsia and E, the victim-owned E, to pay monthly rent of KRW 1,038,450 for 48 months at the D office located in Daegu Suwon-gu D, Daegu-gu, and embezzled by arbitrarily transferring the said vehicle to the Defendant’s creditor F on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of statutes to a copy of a motor vehicle lease contract, a copy of a motor vehicle registration certificate, or a copy of notification of termination of a motor vehicle siren
1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] Type 1 (the amount of less than 100 million won, the principal and interest expenses of lease fees: 41,30,559 won: 41,330,559 won) in the basic area (the amount of special sentencing for April to April 1) (the amount of special sentencing is nonexistent);
2. Consideration - Circumstances that take into account: radius, absence of record, and F’s request for debt repayment - the name and unfavorable circumstances in the instant crime - None of damage recovery - Other factors of sentencing specified in the instant records, such as the Defendant’s age, sex, state of health, home environment, motive, means, consequence, etc., shall be taken into account.