횡령
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 1, 2015, the Defendant entered into a lease agreement on the condition that the monthly rent of KRW 138,379,090 for the 1 vehicle of the BMW730LD vehicle in the Yongsan-gu Seoul Special Metropolitan City C victim D Special Metropolitan City (hereinafter “D Special Metropolitan City”) in order to pay the rent of KRW 3,127,712 in installments for 48 months and received the said vehicle, and then paid the rent of 12 times until May 10, 2016 while keeping the said vehicle, and delayed payment of the remainder, the Defendant paid the rent of 12 times until May 10, 2016.
7.8. In spite of the receipt of a request for the return of the vehicle following the notification of termination of the lease contract, the vehicle was embezzled without good cause.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of the BMW operational lease agreement, and the payment receipt statute;
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. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;
2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines set forth in type 1 (the scope of the recommended punishment shall be less than 100 million won) is reduced area (one month to ten months) [the person who is specially mitigated] is not subject to punishment, or a significant damage is recovered;
3. The sentencing conditions, such as the Defendant’s age, sex, environment, etc., should be determined in light of the fact that there is no criminal history of the sentence, and the vehicle recorded in the facts of crime is returned to the victim on December 1, 2016, and the victim does not want the Defendant’s punishment.