(영문) 수원지방법원 안산지원 2016.06.23 2016고단849

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2016.06.23 2016고단849

횡령

Text

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

Reasons

Punishment of the crime

The Defendant is an operator of “B” of a manufacturing company of the early-wave washing machine.

On August 1, 2012, the Defendant entered into a contract to pay and lease the lease fee of KRW 30 million for 36 months from August 1, 2012 to August 3, 2015, at the above B offices located in Sinsi-si, the amount of KRW 150 million at the market price of the injured party CO2 RaX2512-3020D owned by Sinsi-si, Inc., the Defendant sold the said machinery after receiving the said machinery transferred for the victim on April 2013.

Accordingly, the Defendant embezzled the above ractor machinery in an amount equivalent to KRW 150 million at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of each statute stated in the notice of termination of a contract following the loss of time limit, such as a facility lease agreement;

1. Under the relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, and Article 2-type (10 million won or less to 500 million won) of the basic area (one to three years) of the punishment recommended for the reasons for sentencing of imprisonment, the Defendant could not pay the rent for the machinery as stated in the judgment in the following circumstances: (a) although the Defendant returned the machinery to the damaged company, it shall be disposed of on the other hand and used the disposal proceeds, the Defendant shall be sentenced to a punishment in consideration of the fact that the damage was not recovered even if the damage was a maximum amount.

In determining the term of punishment, considering all the circumstances, such as the fact that the defendant showed an attitude against the crime of this case, there is no record of crime other than the fine, and the fact that the defendant appears not to have been a malicious crime, and that the defendant was under management of the company that he operated, the term of punishment like the order shall be determined.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제355조 제1항

유사 판례

-수원지방법원 안산지원 2016.04.21 2015고단3780

-수원지방법원 2016.07.08 2016노2845

-수원지방법원 2016.03.11 2015고단5092

-인천지방법원 2017.03.23 2017고단3

-부산지방법원 2016.06.22 2016고단2043