logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 영동지원 2015.09.24 2015고단141
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant jointly operated the cell phone store and the construction business with C.

C around March 18, 2013, at the Dongdaemun-gu, Daejeon, Seoul entered into a lease agreement with the employees of the victim non-SP Capital Co., Ltd. and E-Addd passenger cars in the name of the mother-friendly D, setting the lease period to 36 months, the lease amount to 1,765,00 won at one time, and the lease fee to 2-36 times and 1,948,200 won at one time.

Around that time, the Defendant borrowed KRW 13.5 million from F, a branch office, around December 1, 2013, and provided a 68,064,000 at a market price as security.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the details of monthly payment, such as lease contract, registration certificate, and rent;

1. Relevant Articles of the Criminal Act and Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The value of vehicles embezzled by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order is not small.

However, the defendant is both aware of the facts of the crime and reflects on it.

The Defendant completely recovered the damage of the victim, and agreed with C, the actual victim.

In addition to these circumstances, the defendant's age, character and conduct, family relationship, details of the crime, circumstances after the crime and other conditions of sentencing as shown in the arguments shall be determined as follows: recommended type [the type 1 (less than KRW 100 million), mitigation area (~10 months to October, mitigation factors: mitigation factors] and the criteria for suspension of execution [the case where positive major reasons for participation are recovered: considerable damage has been recovered, exemption of punishment, etc.] and the criteria for suspension of execution (the case where positive reasons for suspension of participation have been recovered).

arrow