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Reasons
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(영문) 서울중앙지방법원 2018.10.10 2018고단4602
횡령
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2013, the Defendant entered into a contract for the lease of a vehicle with the content that the Defendant would pay KRW 1,520,90,900 per month user fees for 48 months during the term of the contract with the victim at the office of Ith Capital Co., Ltd., the market price of KRW 75,722,950, B, 950, the victim’s ownership at the office of Ith Capital Co., Ltd., Ltd., and embezzled the said vehicle by providing the said vehicle to C as a collateral for the Defendant’s obligation to the Defendant’s debt on September 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. An inquiry into a contract for leasing motor vehicle facilities, a certificate of registration of motor vehicle, and the balance of bonds;

1. Application of the Acts and subordinate statutes governing investigation reports and cash custody certificate;

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

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

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than 100 million won) basic area (from April to January 4) (special sentencing factors)

2. Determination of sentence does not seem to have planned the instant crime, and the fact that the Defendant paid KRW 14,180,00 and KRW 59,458,960 in relation to the instant lease agreement up to 39 times, etc., considering the circumstances favorable to the Defendant, the Defendant’s age, sex, environment, occupation, family, motive and consequence of the instant crime, and the circumstances after the commission of the crime, etc., as indicated in the Disposition, comprehensively considering various sentencing conditions as to the instant records and the trial process, such as the Defendant’s age, sex, environment, occupation, family, motive and consequence of the crime, etc.

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