(영문) 의정부지방법원 2014.12.10 2014고단1957

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(영문) 의정부지방법원 2014.12.10 2014고단1957

횡령

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant entered into a car lease contract with the victim in the name of the defendant's wife B, with the victim in the victim Lee Yangyang-dong 579 fladon on May 30, 2013, and received C that car from the victim after entering into a car lease contract with the victim in the name of the defendant's wife B: 3 months, security deposit: 1 million won, monthly user fee: 1 million won, and payment date: 30 million won per month, and received C that car from the victim.

7.2. At the point of the above Namyang-ju, the term of the lease contract with the victim in the name of the defendant's wife B: one month; one million won for monthly use; and the delivery of the DK7 car was made by the victim after concluding the car lease contract with the victim.

On December 4, 2013, while the Defendant leased and operated the said car, he embezzled two passenger cars owned by the victim as above, by failing to return the said vehicle without justifiable grounds despite having received a request from the victim for the refund of user fees due to the unpaid payment of user fees.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each motor vehicle registration certificate, each motor vehicle lease contract, details of arrears, demand notice, scheduled notice of complaint, mail inquiry, processing, and application of statutes of the City;

1. The applicable provision of the criminal facts, Article 355(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of sentence [the scope of recommending punishment] Type 1 (100 million won] (4 to 1 year and 4 months): the applicable sentence and the applicable sentencing range: Imprisonment with prison labor for April 1 to 1 year [the decision of sentencing]: Non-agreement with the victim, damage amount (the total market price of the vehicle is KRW 4,1480,000,000,000), damage amount of the victim (the unpaid fee is KRW 4,1480,000,000,000), damage recovery for the victim. A favorable circumstance is that the victim made efforts to recover from damage; reflect on his/her mistake; and to recover damage;

It is so decided as per Disposition by reason above.

참조조문

-형법 제355조 제1항

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