(영문) 인천지방법원 2021.02.17 2020고단3200

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(영문) 인천지방법원 2021.02.17 2020고단3200

횡령

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 21, 2019, the Defendant entered into a motor vehicle lease agreement with the victim D Co., Ltd. and EK7 motor vehicles with a contract term of KRW 48 months, monthly rent of KRW 847,00,00 at the C office located in Seocheon-si B around February 21, 2019, and operated by delivery of the said motor vehicle owned by the victim from February 22, 2019 and kept for the victim.

5. 22. Around the 20.22. An office of the second floor G H of the 2nd floor G H located in Ansan-si, Ansan-si, which borrowed 4,300,000 won from I and offered the said car as security at the time of borrowing 27,99,000 won at the market price.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A motor vehicle lease contract, a detailed statement of claims, notice of termination even during the lease of a motor vehicle and notification of the return of a motor vehicle;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant committed the crime of this case since it has not been much much much long, but the defendant has a attitude to recognize and reflect on the crime of this case. The defendant, who agreed with the victim company, expressed an intention that the victim company would not want the punishment against the defendant, should give the defendant a final opportunity to the defendant. However, the sentencing criteria are not applicable since the defendant was selected as a fine for all the conditions of sentencing as shown in the arguments and records of this case, such as the defendant's age and character environment, relation to the victim, motive and consequence of the crime, and circumstances after the crime.

(1) The sentence shall be determined in the same manner as the order shall be taken into comprehensive consideration.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제355조 제1항

유사 판례

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