(영문) 부산지방법원 2015.01.06 2014고단4173

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(영문) 부산지방법원 2015.01.06 2014고단4173

횡령

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 24, 2013, the Defendant entered into a lease agreement on the facility leasing of public machinery with the victim Korean Capital Co., Ltd. (hereinafter “Lease agreement”) at the above D’s office (hereinafter “Lease agreement”) and received delivery from the victim company of MCR 400 (2011 Form), one unit of public machinery (60,500,000,000 won at the market price) from the victim company.

The content of the above lease agreement is that the victim company shall lend the above public machinery to the defendant with the lease fee of KRW 1,360,670 per month for 36 months from the date of the above contract, and the defendant shall use the above public machinery with the care of a good manager, and the defendant shall not transfer the above public machinery to another person without the victim's prior written consent.

On November 2013, while the Defendant kept the above machine for the victim, the Defendant arbitrarily sold the machine in the above D to the person who was not aware of his name at the end of November, 2013, and embezzled the above machine.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Application of the statutes on the facility lease agreement;

1. The pertinent Article of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, that the reason for sentencing sentencing of imprisonment is at least 3

However, there is no history of punishment heavier than that of the same criminal records or fines for the defendant, the confession of the defendant, reflects the fact that the defendant has repaid the damage, taking into account the favorable circumstances, and taking into account other factors of sentencing as shown in the records, such as the defendant's age, character and conduct, and environment, shall be determined

참조조문

-형법 제355조 제1항

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