logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.11.09 2017고단2195
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 March 24, 2017, the Defendant was sentenced to a suspended sentence of one year in April of imprisonment for violating the Guarantee of Workers' Retirement Benefits in the Jung-gu District Court Goyang branch on March 24, 2017, and the judgment became final and conclusive on September 21, 2017.

On February 13, 2013, the Defendant agreed to pay KRW 73,370,633 to KRW 1,359,300 each month from March 20, 2013 to February 20, 2018, within the 659 Hyundai Motor Station, the injured party entered into a contract for the lease of the facilities (lease) with the non-us Capital Co., Ltd. (C, Hyundai, Co., Ltd.) and the vehicle (Lease in Hyundai, Co., Ltd.). The cost of acquiring the vehicle was 73,370,633 to be paid between 60 months.

Accordingly, the Defendant refused to return the said vehicle to the victim due to the circumstances, such as providing the said vehicle as collateral, even if the victim demanded the termination of the lease contract and the return of the vehicle due to the lapse of October 4, 2016, while the Defendant kept the said vehicle in the possession of the victim’s vehicle by delivery from the victim, and paying the lease fee of KRW 5,850,365 to July 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Investigation report (to hear statements by reference D phone);

1. Previous records: The results of inquiry, investigation reports (verification of the facts in trial), and application of each statute of the judgment;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: (a) the fact that the damaged vehicle was returned to the victim for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the fact that the defendant recognizes the crime and reflects the defendant; (c) the defendant has no record of being punished for the same kind of crime; (d) equity with the case that has been adjudicated concurrently with the concurrent crime after Article 37 of the Criminal Act; and (e) other conditions of the sentencing as shown in the records, such as

arrow