(영문) 대구지방법원 2016.12.15 2016고단3940

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(영문) 대구지방법원 2016.12.15 2016고단3940

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 2014, the Defendant entered into a lease agreement between the victim BMW X1xD 20d automobiles at the market price of KRW 47,500,000 owned by the victim and the social service Korea Co., Ltd., and received one of the above automobiles at the lease rate of KRW 997,487 per month and KRW 48 months for the lease period.

In concluding the above lease agreement, the Defendant and the victim agreed to the effect that “the ownership of the leased motor vehicle is the victim, and the Defendant has only the right to use the motor vehicle,” and that “the Defendant shall not engage in the transfer, etc. of the motor vehicle without the victim’s prior written consent,” the victim had ownership of the said motor vehicle during the lease period.

While the Defendant kept the said car for the victim, around September 2014, the Defendant transferred the said car to the Plaintiff by borrowing KRW 10 million from the nameless borrower in the street near the D Pharmacy located in Daegu-gu, Daegu-gu, and transferring the said car as security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A complaint;

1. Application of a lease agreement and an automobile registration certificate statute;

1. The reason for sentencing under Article 355(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] Article 355(1) of the Act on the Punishment of Specific Crimes [the scope of recommending punishment is less than 100 million won] [the decision of sentencing] that there is no basic field (4-1-4 months and 1-4 months] [the decision of sentencing] [the defendant] defendant reflects the crime that is late later, but the amount of damage caused by the crime of this case in itself is reasonable, as well as the amount of various administrative fines imposed on the damaged vehicle (the defendant paid only six-minute lease fees], and the amount of other unfavorable circumstances such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all of the sentencing conditions indicated in the arguments and records of this case shall be

참조조문

-형법 제355조 제1항

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