beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 3, 2013, according to the distribution of Seocho-gu Seoul, the Defendant entered into a lease contract between Hyundai Capital Capital Co., Ltd. and CMW 520d automobile amounting to KRW 62,00,000, monthly rent of KRW 1,559,600, monthly rent of KRW 36 months, and received the delivery of the automobile.
When entering into the above lease agreement, the Defendant confirmed that the victim had ownership and other rights to the goods in any case during the lease period, and agreed that the Defendant shall not transfer, sublease, or transfer the right without the victim’s prior written consent.
However, around September 7, 2013, while the Defendant kept the vehicle for the victim, he transferred it in return for receiving KRW 19,000,000 from the person who was unaware of his name in the D Exclusive Complex located in Gangwon-do.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application for motor vehicle lease, registration certificate, details of payment for lease, and notification table, and application of Acts and subordinate statutes concerning guidance for termination of lease;
1. The sentencing of Article 355(1) of the Criminal Code for criminal facts is based on the following circumstances: (a) the age, character and conduct, environment, etc. of the defendant; and (b) the conditions of various sentencing as shown in the pleadings of the instant case; and (c) the recommended sentences as set forth in the sentencing guidelines.
The Defendant led to the instant crime, and is against himself.
B. On January 21, 2015, the Defendant was sentenced to a fine for aiding and abetting fraud at the Busan District Court and has been punished eight times.
C. From October 2013 to June 2014, the Defendant paid lease fees of KRW 14,226,397 to the victim company nine times.
However, the Defendant entered into a lease agreement with the victim for the purpose of lending from the beginning, and carried out the loan as security immediately after acquiring the vehicle.