(영문) 서울동부지방법원 2018.10.31 2018고단420

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Reasons

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자간(%)

(영문) 서울동부지방법원 2018.10.31 2018고단420

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant concluded a lease contract with the victim and received a lease fee of KRW 1,647,600 each month from September 25, 2014 to August 25, 2019 on condition that the Defendant would pay the lease fee of KRW 1,647,600 each month for 60 months from September 25, 2014 to August 25, 2019, the Defendant refused to pay the lease fee of KRW 27 times until November 25, 2016 to pay the lease fee of KRW 78,950,00 for the vehicle owned by the victim D Co., Ltd.

Accordingly, the Defendant rejected the return of cussa car on the part of the victim's own custody and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the provisions of Acts and subordinate statutes to the documents related to the lease contract, such as consultation table, application for the lease, etc., the motor vehicle registration ledger, and the instruction for termination of the

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100 million). Basic area (from April to April);

2. Circumstances disadvantageous to the decision of sentence: The sentence shall be determined as ordered by taking into account the following factors: the victim's extent of damage has not been small, the circumstances favorable to the defendant's failure to receive a letter from the damaged: the defendant repents the defendant's wrong and there are circumstances that may be considered in the circumstances of the crime of this case; the defendant's primary offender who has no record of crime; and the sentencing conditions specified in the trial process of this case, including the above circumstances and the circumstances after the crime, etc.; however, the defendant raises two children, raises two children, has no record of crime, has no record of crime, and is a primary offender with no record of attendance in the trial, and is not legally binding to give

참조조문

-형법 제355조 제1항

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