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(영문) 전주지방법원 2019.01.24 2018고단2095
횡령
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A defendant shall be punished by imprisonment for four 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 October 29, 2014, the Defendant concluded a lease agreement with the victim E Co., Ltd. and F 2 in the Dong-gu, Ansan-si, Gyeonggi-si, with the content that the lease amount of KRW 27,000,000,000, monthly lease amount of KRW 698,505, and the lease period of KRW 36 months, and the lease amount of KRW 44,000,000, monthly lease amount of KRW 1,419,756, and KRW 36 months for the lease period of KRW 8,00,000, monthly lease amount of KRW 1,419,756, and KRW 36 months for the lease period of KRW 7,00 in accordance with the above contract, and transferred the above lease agreement to the above operator of the F Co., Ltd. on May 13, 2017.

Accordingly, the Defendant embezzled while keeping the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A copy of the primary lease contract, a copy of the detailed statement of each lease contract, a copy of each written estimate, and a copy of the secondary lease contract;

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by submission of the details ofG recovery);

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

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

1. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) [the scope of punishment for embezzlement and misappropriation] that has no type 1 (less than KRW 100 million) (a special person) [the scope of punishment for recommendation] (a special person] from April 1 to April 1 (a basic area];

2. The sentence shall be determined as ordered in consideration of the following: (a) the fact that the defendant's erroneous determination of the sentence is recognized and reflected; (b) the actual damage of the victim, who is a leased company, is not much severe in view of the acquisition cost and the lease fee paid by the defendant; (c) there is no record of criminal punishment exceeding the fine; and (d) other circumstances that conditions for sentencing, such as the background of the crime, the age, character and conduct

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