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Reasons
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(영문) 울산지방법원 2015.02.05 2014고단1895
횡령
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 2, 2013, the Defendant entered into a siren agreement with the staff in charge of the victim Korean siren Co., Ltd. (hereinafter “victim Co., Ltd.”) and the staff in charge of the computer owned by the victim company for a period of 29 months from December 9, 2013 to April 8, 2016, and paid a monthly fee of 961,400 won.

On December 9, 2013, the Defendant, at the above “D” bank, used PCs equivalent to 26,919,200 won at the market price of the victim company, transferred 38 computers owned by the victim company, and had them kept for the victim company during the contract period.

The Defendant delayed the payment of monthly user fees from around that time, and embezzled the 38 main body of the said computer by arbitrarily disposing of it on February 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on a complaint and a siren contract;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act (amended by Presidential Decree No. 10068, Apr. 1, 2007) is that the Defendant, who was sentenced to no sentence (amended by Presidential Decree No. 2000, Apr. 1, 2007) of the basic area (amended by Presidential Decree No. 2010, Apr. 1, 2007) (amended by Presidential Decree No. 2010, Apr. 1, 2007) of the Act, sold the computer only once after receiving the computer from the victim company, and disposed of it for the repayment of his/her obligation within three months after receiving the computer. The Defendant entered into a contract under another person’s name due to low credit rating

Provided, That the defendant has no previous convictions except for the defendant who has been sentenced once to a fine, and has deposited some of the money (15.4 million won) to pay the victim's damage.

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