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Reasons
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(영문) 인천지방법원 부천지원 2019.02.19 2018고단3180
횡령
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A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2016, the Defendant: (a) leased the EF vehicle equivalent to KRW 43,400,000 from the victim D Co., Ltd. to KRW 36 months; and (b) agreed not to transfer the vehicle without the victim’s prior written consent or provide it for the purpose of security to a third party; (c) on the same day, the Defendant was handed over the said vehicle from the victim and kept it on the same day; (d) on February 23, 2018, the Defendant embezzled the said vehicle by arbitrarily providing it as security by obtaining a loan of KRW 10,000,000 from G from the main trading center located in the Yangdong-dong Seoul Metropolitan Government (hereinafter referred to as the “Seoul”) around February 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A complaint;

1. The register of automobiles and registration certificate;

1. Contract certificates, receipts, financial applications, agreement on operating leases, and terms and conditions of lease;

1. Details certification, details of the delivery of registration, and details of the sending of letters;

1. Application of statutes governing certificates of personal seal impression;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution (Scope of Punishment) No. 1 (100 million won) is that the area of mitigation (1 to 10 months) (a person with a special mitigation) is not limited to the amount of damage [decision of a sentence], on the other hand, the amount of damage is not small, and the amount of damage is recognized and reflected, the fact that the victim has agreed to be wrong, the primary offender is the defendant's age, motive and circumstance of the crime, and other various conditions

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