(영문) 인천지방법원 2018.03.28 2017고단3824

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자간(%)

(영문) 인천지방법원 2018.03.28 2017고단3824

횡령

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On July 3, 2015, the Defendant entered into a lease agreement with the Plaintiff on the terms of return, purchase, and re-lease of KRW 420,30 on July 2, 2015, at the location of the car granted by the Defendant at the time when the car was granted to the Plaintiff, which is equivalent to KRW 23,200,00 in the market price, for 36 months from the date of the said agreement to July 2, 2018, the lease period was 3,55,000 in advance payment of the lease, and KRW 420,30 in the amount of the lease, as of July 25, 2018. After the lease period expires, the Defendant entered into the lease agreement with the victim to return, purchase, and re-lease in accordance with the agreement with the victim.

Defendant borrowed 4,500,000 won from the Dop-gun C before December 16, 2016, which was kept for the victim, around December 16, 2016, the Defendant borrowed 4,500,000 won from the Dop-gun C, Gangwon-do, and offered it as security. Defendant borrowed 5,50,000 won around 20th of the same month, and 5,50,000 won around 21th of the same month and additionally borrowed 5,50,000 won in total on three occasions.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. The written statement of the defendant;

1. Statement made by the police for E;

1. Investigation report (the amount borrowed by the suspect and the statement of employees of the whole party to the case;

1. Application of Acts and subordinate statutes to the application for lease of modern capital vehicles;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the scope of recommended punishment] types 1 (one month to ten months) are mitigated (the person subject to special mitigation] (the person subject to special mitigation or damage is recovered considerably);

2. Determination of sentence shall be made in the same manner as the order, in consideration of the fact that a person damaged by the determination of sentence does not wish to recover the vehicle and to punish the defendant, and that the defendant has no criminal record of suspended sentence

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

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