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Reasons
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(영문) 광주지방법원 2014.09.04 2014고단525
횡령
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A defendant shall be punished by imprisonment for four months.

Provided, That 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 19, 2010, the Defendant: (a) leased one motor vehicle vehicle from the victim Alhysa Korea Co., Ltd., Ltd., which was sold from the victim Alhysa 26,453,000 won at the Manosung (1302 Suwon-dong 1302 Suwon-dong, Gwangju mine; (b) agreed to pay the lease fee of KRW 7,940,000 per month for 36 months by 865,820 per month; and (c) kept the vehicle in delivery.

From September 5, 2010 to May 5, 2012, the Defendant paid rent of KRW 18,182,220 in total on a 21-time basis, but thereafter, the Defendant refused to return the said vehicle even if the Defendant was requested to return the vehicle as of June 5, 2012 by the victim on the termination of the vehicle rental agreement as of July 31, 2013, as the lease fee was delayed.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes to notify the cancellation of a motor vehicle lease contract of a copy of a motor vehicle registration certificate, a facility lease agreement, details of collection of rents;

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

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

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is deemed to have refused to return a victim-owned passenger car kept by the defendant according to the lease contract. The value of the vehicle embezzled by the defendant reaches KRW 26 million at the time of the above lease contract, and the damage suffered by the defendant's embezzlement is presumed to be a large amount of 15,883,125 won.

6. In light of the attached statement of calculation of the amount of claims for the termination of lease, it is necessary to strictly punish the Defendant.

However, it seems that the defendant's mistake is divided and reflected, and in particular, the defendant wants with the victim.

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