(영문) 춘천지방법원 강릉지원 2015.06.25 2014고단1061

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(영문) 춘천지방법원 강릉지원 2015.06.25 2014고단1061

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant paid KRW 1,480,00 on January 17, 2014 to 374 as the former citizen during Ansan-si, and entered into a lease agreement with the victim on condition that he/she did not arbitrarily use the said vehicle to a third party without the victim’s consent, on condition that he/she did not use the vehicle at his/her own discretion during the lease period, the deposit for advance payment shall be KRW 13,480,000, and the lease period shall be KRW 1,650,520 on February 20, 2014, and the lease period shall be KRW 1,650,520 on February 20, 2017. The ownership of the said vehicle during the lease period shall be the victim, and the said vehicle shall be transferred to the victim without the victim’s consent.

While the Defendant kept and used one motor vehicle for the victim, on July 2014, borrowed 15,00,000 won from the bond company with no name at a non-bearer place and delivered the same motor vehicle to the victim at his/her own discretion as a collateral for debt repayment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a complaint, a copy of a contract for leasing of motor vehicle;

1. The scope of the recommended sentence based on the sentencing guidelines [4 months of imprisonment - 1 year and four months of crime: embezzlement and breach of trust, 1st category (less than KRW 100 million), 1st category] shall be determined as ordered in the same manner as the sentencing guidelines comprehensively taking into account various circumstances, including the elements of the unfavorable sentencing, Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., such as the following: (a) the applicable law on the crime; (b) Article 355(1) of the Criminal Act on the basis of the choice of the sentence; and (c) the fact that there is no effort to recover the damage of the victim, including the fact that the Defendant

참조조문

-형법 제355조 제1항

유사 판례

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