(영문) 의정부지방법원 고양지원 2015.11.26 2014고단2912

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(영문) 의정부지방법원 고양지원 2015.11.26 2014고단2912

횡령

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, around October 17, 2013, entered into a lease agreement with the Songpa-gu Seoul Metropolitan Government Social Services Korea Co., Ltd., and embezzled the said car as collateral by providing the lease amount of KRW 66,638,870, down payment of KRW 19,992,00, monthly rent of KRW 1,616,050, monthly rent of KRW 36 months, and the lease period of KRW 36 months, and the lessee: (a) the lessee has the right to use the automobile; (b) the lessee has the right to use the vehicle; and (c) the lessee is able to terminate the lease agreement if the lessee fails to pay the lease fee, etc.; and (d) the lessee may claim the return of the automobile in such case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written complaint, the register of automobiles, and the lease agreement statutes;

1. Relevant Articles of the Criminal Act and Article 355 (1) of the Criminal Act (Optional to Imprisonment) concerning the punishment;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [decision of type] Embezzlement misappropriation, misappropriation misappropriation, absence of Type 1 (less than KRW 100 million) (the scope of a recommendation sentence] (the scope of a recommendation sentence), basic area, April 1 and April 1.

3. Determination of sentence: The criminal records are favorable to the defendant, such as that the defendant has no criminal records of the suspension of execution of imprisonment for eight months or more and that there is no previous criminal records;

However, there was no evidence showing that the defendant made a serious effort to recover damage in an unagreement.

Ultimately, it is difficult to view that the scale of damage is light.

In addition, it is difficult to see that the social ties of the defendant are stable.

In light of these circumstances, it is considered that the delay of execution of the defendant is an excessive punishment.

Therefore, the sentence like the order is sentenced.

참조조문

-형법 제355조 제1항

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