beta
(영문) 전주지방법원 군산지원 2016.07.20 2016고단36

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 30, 2014, the Defendant: (a) concluded a lease contract with the victim for the amount of DST7 car owned by the non-us capital company, 3,591,000 won; (b) the lease period is 48 months; (c) the first lease fee is 77,052 won and the second lease fee is 742,80 won each month; and (d) the Defendant agreed to pay the amount of the car from the victim’s delivery.

In accordance with the above agreement, while the defendant operated the above car and kept it for the victim, on October 2014, the defendant transferred the above car amount at will to the bond company in the 206-dong YY-dong YY-dong YY-dong YY-dong YY-dong YY-dong YY-dong YY-dong YY-dong 20

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A contract for the lease of motor vehicle facilities;

1. Application of Acts and subordinate statutes of each lease agreement termination and notification of the return of leased property (Evidence List 8,9);

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

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 basic area (from April to January 4) of the sentencing criteria [the scope of the recommended punishment] Category 1 (the period of less than KRW 100 million) is nonexistent;

2. Determination of sentence: The value of the instant vehicle is equivalent to 10 months of imprisonment, 2 years of suspended sentence, 120 hours of community service, and the Defendant’s overdue rent also amounts to the amount equivalent thereto; the instant vehicle is not returned at present and has not reached an agreement with the victim; and the need to punish the Defendant is recognized in light of the unfavorable circumstances.

However, it is advantageous to the fact that the defendant is recognized as committing a crime and is against the law, there are circumstances to consider the background of the crime, and there is no record of criminal punishment exceeding the fine.