logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.11 2015고단3415
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 14, 2013, the Defendant: (a) leased a vehicle equivalent to KRW 740Li 39,900,000 owned by the victim from Hyundai Capital Co., Ltd. in the Dong-gu, Incheon; and (b) did not pay rent from January 8, 2014 when the Defendant kept the said BMW at the location of the Defendant’s house located in Macheon City F for the victim; and (c) requested the termination of the lease agreement on April 8, 2014 and the return of the said BM to request the return of the said BM; (d) around that time, the Defendant rejected the return of the said BM by arbitrarily reporting the said BM to G who is the seat of the said BMW.

Accordingly, the defendant embezzled the above BMW owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. The evaluation table for modern Capitals;

1. An application for automobile lease;

1. A motor vehicle transfer certificate;

1. A motor vehicle lease agreement;

1. Certificate of automobile takeover;

1. Terms and conditions of modern car lease;

1. Automobile registration certificate;

1. Original Register of Automobile Registration;

1. Calculation table of claim for rent, and details of payment;

1. Notice of termination of a lease contract;

1. Application of Acts and subordinate statutes to each investigation report (an actual investigation into vehicle driver G, and verification as to whether a vehicle is returned);

1. Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment, the fact that the defendant voluntarily returns the instant vehicle and the victim does not want to be punished against the defendant, the defendant has 17 times criminal records, and other conditions of sentencing disadvantageous to the defendant, such as the defendant's age, sexual conduct, and circumstances after the crime, shall be determined as ordered by taking into account all kinds of conditions of sentencing disadvantageous to the defendant.

arrow