(영문) 대구지방법원 2019.06.05 2019고단912

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(영문) 대구지방법원 2019.06.05 2019고단912

횡령

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 6, 2016, the Defendant: (a) entered into a lease contract of KRW 27,000,000 with respect to a halog car owned by the victim D Co., Ltd. with respect to the vehicle price of KRW 27,00,000, contract period of KRW 36 months, and monthly rent of KRW 894,080; (b) around that time, the Defendant borrowed KRW 15,00,000 from F, the land owner around February 2018, and provided the said car to F.

Accordingly, the Defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to accusation, lease agreement, and documents concerning overdue lease;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: The nature of the crime is not good and the amount of damage is not much.

The favorable circumstances: The crime is recognized and reflected, and the victim is not punished by agreement.

There is no previous offense exceeding a fine.

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

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