logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2020.08.11 2020고정183
횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 21, 2015, the Defendant agreed to “the ownership of the vehicle regardless of the registered name of the leased vehicle shall be D, and the leased vehicle shall not be transferred during the lease period without the consent of the victim, while the Defendant transferred the said vehicle from the victim and kept the vehicle for the sake of the victim, at the Changwon Center established in Seongbuk-si, Sungwon-si, Sungwon-si, the Defendant embezzled the said vehicle without the consent of the victim for the purpose of securing the Defendant’s claim against G for the purpose of securing the claim against the Defendant’s creditor, and embezzled the said vehicle by failing to comply with the victim’s request for return without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of H;

1. A complaint;

1. A copy of the motor vehicle lease agreement;

1. Automobile registration certificate;

1. Application of Acts and subordinate statutes to guarantee the lease of a user's name;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Opinion of the prosecutor: Fines of three million won;

4. The Defendant, who was sentenced, embezzled the leased vehicle to the creditor for the purpose of securing his/her obligation.

The damage was not completely recovered, and the victim company was unable to receive a letter from the victim company.

However, the defendant recognizes the crime.

The damage calculated by the victim company at the time of complaint by paying the lease fee for a certain period of time is about 25 million won.

There are no criminal records and criminal records exceeding fines due to the same crime against the accused.

The age, character and conduct, environment, and motive and means of committing the crime of the accused.

arrow