beta
(영문) 전주지방법원 남원지원 2014.09.23 2014고단187

횡령

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2013, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. to pay KRW 62 million of the lease amount, KRW 60 months of the contract period, and KRW 1,260,600 of the monthly lease amount, and kept the said vehicle in custody. On February 2, 2014, the Defendant embezzled the property of the victim by receiving KRW 19.5 million from a person in non-name in the vicinity of the Donwon-dong, Seoul Metropolitan City, Seoul Metropolitan City, by providing the said vehicle as security.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. A complaint;

1. Examination table, application for automobile lease, terms and conditions of automobile lease, and application of statutes of a motor vehicle registration certificate;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria (the determination of a type), the crime of embezzlement and breach of trust, the element of mitigation of Type 1 (less than 100 million won): The area of mitigation of punishment (the scope of recommending punishment): Imprisonment with labor for not more than ten months;

2. Determination of sentence shall be made in the same way as the order, taking into account all the sentencing conditions, such as the fact that the defendant's mistake is recognized and reflected, that the defendant has no record of being punished for the same kind of crime, and that the defendant does not want the punishment of the defendant by agreement with the victim