(영문) 서울중앙지방법원 2017.05.24 2016고단9552

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(영문) 서울중앙지방법원 2017.05.24 2016고단9552

횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 31, 2012, the Defendant entered into a car lease agreement with the Plaintiff, from September 25, 2012 to September 15, 2017, to pay KRW 860,80 each month rent for 60 months from September 25, 2012 to September 15, 2017, while receiving KRW 10,00,000 from the non-resident credit service providers under the name of the Plaintiff and the Defendant embezzled the said car to the said credit service provider after receiving KRW 1,414,00,00 from the non-resident of the Incheon city, the Plaintiff.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of an application for automobile lease and statutes of registration certificate;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from April to April) of the sentencing criteria [the scope of the recommended punishment] Class 1 (the amount of less than 100 million won) (the person who is subject to special sentencing];

2. According to the rulings of sentence, the sentence of sentence is to be imposed in full view of the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: The crime of this case that the defendant arbitrarily transferred the leased vehicle of the victim company and embezzled is not good.

Although the amount of embezzlement is not so much, it has not been agreed with the victim until now.

The favorable circumstances: The defendant has no record of any other crime except that he has been punished once by a fine in 2008.

Considering the total amount of KRW 8,682,80 paid by the defendant at the time of lease contract and the total amount of KRW 17,522,151, the damage amount seems to have been recovered.

The defendant is recognized as committing a crime and is against the law.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제355조 제1항

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