(영문) 춘천지방법원 원주지원 2016.02.16 2015고단1152

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2016.02.16 2015고단1152

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 15, 2013, the Defendant: (a) delivered a deposit of KRW 3,414,00, monthly usage fee of KRW 744,700, and the lease term of KRW 34,140,70 on condition of KRW 60 months; and (b) registered the said vehicle as the owner of the Defendant on the registration ledger of the said vehicle, but in the case of continuous delayed payment on more than two occasions, the Defendant entered into a lease agreement to return the said vehicle upon receiving a claim for termination of the contract and return of the said vehicle from the victim company.

While the Defendant received and kept the said vehicle in accordance with the above contract, the Defendant did not pay monthly user fee at least twice a month at a place where it is impossible to identify the place around March 16, 2015, and was demanded by the injured party to return the said vehicle upon the termination of the contract. Therefore, the Defendant refused to return the said vehicle even if it was obligated to return it.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A motor vehicle lease contract, a summary statement, a ledger of motor vehicle registration, and a statement of payment of acquisition tax;

1. Application of Acts and subordinate statutes to inquire about the decision on voluntary auction of motor vehicles, the lease termination statement, and the history of counseling for escape;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] [the grounds for sentencing of imprisonment] [the person who has no special sentencing factors] [the decision of sentencing for April 1 to January 4] [the decision of sentencing] four months]: The defendant's embezzlement does not have considerable damage to the victim, and the damage has not yet been recovered at all.

However, there is no history of criminal punishment against the defendant's wrong and there is no history of criminal punishment.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

참조조문

-형법 제355조 제1항

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