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Reasons
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(영문) 의정부지방법원 2016.11.28 2016고단2910
횡령
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On May 25, 2012, the Defendant entered into a lease agreement on the condition that the Defendant would pay the PC price of KRW 167,500,00, monthly rent of KRW 36 months, monthly rent of KRW 3,175,098 in 'CPC bank' located in 'CPC bank located in 'B' on May 25, 201, on September 8, 201, the Defendant succeeded to the lessee.

According to the above lease agreement, the Defendant, while operating the “CPC” bank using the said PC, paid a total of 24 lease fees by November 25, 2013, and embezzled KRW 100 of the PC owned by the victim by arbitrarily disposing of the said PC 100 by receiving KRW 3,000 from the PC purchaser, who was in default of the remainder payment, around January 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. The Schedule for repayment;

1. Details of the payments made under lease;

1. Notice of the loss of time limit:

1. A contract for change of lessee;

1. Application of Acts and subordinate statutes of a lease contract;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (100 million won) (Article 62-2) does not exist (Article 62-2) in the basic area (Article 4-1) (Article 4 of the Social Service Order Act) (Article 62-2) (Article 62-2) (Article 62 of the same Act). The instant crime is limited to 100 PCs and the value of the embezzled PC is 1

However, the defendant paid the monthly rent of KRW 3,175,098 in 24 times during the past, the depreciation of PC seems to have occurred in the past, the defendant deposited KRW 1.5 million for the victim, and the defendant did not have been previous, but did not have been previous, and the defendant's spouse's health conditions and other conditions of sentencing, such as the defendant's spouse's age, character and behavior, and circumstances after the crime, shall be determined as ordered by the order.

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

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