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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 27, 2010, the Defendant: (a) at a two-motor vehicle agency located in the Hanju-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju, the Defendant embezzled the said motor vehicle, which is the property of the victim, to the “E president” who is not aware of the name of the said motor vehicle for the purpose of collateral security, at the lease rate of KRW 1,65,133, and the lease period of KRW 44 months, which is equivalent to KRW 79,292,531, the market price of the victim owned by the victim from the victim Iju Capital Co., Ltd.; and (b) around January of 2012, the Defendant embezzled the said motor vehicle, which is the property of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of statutes to a copy of the lease contract, a detailed statement of loans, a copy of the register of automobiles, and a copy of the notice prior to termination of the lease contract;
1. The reasons for sentencing under Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts are as follows: (a) if a passenger car was leased by the victim company, the Defendant is kept as a good manager’s duty of care; and (b) even if the Defendant was not transferred or offered as a security to a third party, in violation of such duty, transferred the passenger car to another person in violation of this duty and did not return it to the victim company, the
However, it seems that the defendant transferred a car to another person and delayed payment of rent to the victim company was difficult due to the reason that he operated the company, and the purpose was not to use it for personal purposes, considering the circumstances such as the fact that the defendant fully recognized the crime, the fact that the defendant did not have criminal power, and the scope of the recommended sentence of sentencing criteria, it is decided as per the disposition.
(However, there is no statutory detention in consideration of the above circumstances favorable to the defendant and the statement that the defendant is making efforts to reach an agreement.