(영문) 서울동부지방법원 2019.03.25 2018고단4203

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(영문) 서울동부지방법원 2019.03.25 2018고단4203

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 30, 2017, the Defendant entered into a long-term rental contract with the content that at the coffee shop located in the area near the Seocho-gu Seoul Seocho-gu basin, the victim B shall pay the rental fee of KRW 534,600 per month to the victim B stock company C, the market price of which is equivalent to KRW 24,750,000,000, and around that time, the Defendant did not pay the said rental fee to the victim from July 25, 2018 while taking over the said passenger car and keeping it for the victim. However, even upon receiving a request from the victim to return the said passenger car on September 19, 2018, the Defendant did not return the said passenger car without justifiable grounds.

Accordingly, while the defendant kept another's property, he embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The car register of a siren contract;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of details of text messages on mobile phones);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] Embezzlement/Misappropriation of embezzlement/Misappropriation of less than KRW 100 million [type 1] - In the event that the risk of causing damage is not significantly realized, the amount of punishment or the risk of considerable damage has not been realized, [the scope of the recommended area and the scope of the recommended punishment] special mitigation area, the period of one month to ten months [the general person] - In the event that the mitigated element is not embezzlement/misappropriation of occupational duties: In the event that the degree of breach of duties is minor, the serious radius [the reason for suspension of execution of punishment] - The general pride cause - there is no criminal record of more than the suspension of execution.

3. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence; and

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

유사 판례

-서울동부지방법원 2019.03.25 2018고단4203

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