(영문) 서울중앙지방법원 2016.03.31 2015고단6313

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(영문) 서울중앙지방법원 2016.03.31 2015고단6313

횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 31, 2013, the Defendant entered into a lease agreement (A) with respect to a victim's character car (C) worth KRW 51,564,030,000, with the Defendant as a lessee, at the victim's character character Korea office located on 10th, Gangnam-gu, Seoul (702-19 Dong Dong-dong, Seoul), and embezzled it by providing the Defendant with a loan amount of KRW 7 million to a credit service provider under his name on February 2, 2015, with the loan amount of KRW 51,564,030,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes to a copy of a contract for the lease of motor vehicle facilities;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The basic area (from April to April) of the sentencing criteria [the scope of the recommended punishment] Class 1 (the amount of less than 100 million won) (the person who is subject to special sentencing];

2. The decision-making damage of the sentence is not completely recovered; on the other hand, the defendant recognized his mistake and reflects that there is no history of criminal punishment; the defendant paid 9.55 million won and rent of 23,460,000 won with a deposit, and the actual amount of damage of the victim appears to be less than the vehicle value; the defendant's age, sex, conduct, intelligence and environment, relationship with the victim, motive, means, means and consequence of the crime, etc. shall be determined within the scope of the above sentencing guidelines by taking into account the sentencing conditions, such as the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

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