(영문) 대구지방법원 포항지원 2015.07.16 2015고단131 (1)

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(영문) 대구지방법원 포항지원 2015.07.16 2015고단131 (1)

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant operates a maintenance company with the trade name “C” in Nam-gu B at port.

On October 23, 2009, the Defendant entered into a lease agreement with the victim D Co., Ltd. and the victim for a term of KRW 100,000,000,000 and KRW 36 months, with a term of redemption of 36 months to the effect that the victim has ownership of the leased object, and received delivery of the victim around that time.

On December 31, 2012, while the Defendant had been kept in custody for the victim, he arbitrarily sold 49,500,000 won of the other workshop to F, and on January 22, 2013, the Defendant completed the transfer of ownership to F with respect to the other artist.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of a bankbook, construction machinery register, lease contract, and certificate of acceptance respectively;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. There are extenuating circumstances, such as the reason [the scope of recommending punishment] for the sentencing of selective punishment of imprisonment [the person who has been sentenced to imprisonment with labor for four months or one year and four months] (the person who has been sentenced to imprisonment with labor for not more than four months or one year and four months] [the person who has been sentenced to imprisonment] [the decision of sentencing] in light of the fact that the defendant paid rent for a considerable period of time, it appears not to have committed the instant crime in an intentional and planned manner; there is no history of punishment for the defendant; and there is no history of punishment for the defendant; and

However, in light of the fact that the amount of damage in this case exceeds 40 million won, a sentence shall be imposed in light of the agreement or the failure to pay damages.

However, the occupation of the defendant is specified and is living together with his dependants, and there is no fear of escape, and it is in the City/Do for agreement with the victim, but it seems that there is no agreement with the victim.

참조조문

-형법 제355조 제1항

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