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Reasons
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(영문) 수원지방법원 2014.11.12 2013고단6611
횡령등
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A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

- Around October 31, 2012, the Defendant: (a) concluded a contract for vehicle facility leasing at the Fri-Saco, Ltd. D store located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) concluded a car facility leasing contract under the name of Hyundai Capital Co., Ltd., Ltd., Inc., Ltd., which it operated; and (c) around that time, took a car from the victim for the victim and took custody of the victim; (d) borrowed money from a bond company in a name-free place on July 30, 2013 and embezzled the said car by arbitrarily transferring the money from the bond company in a name-free place as security to the above party in the name-free name.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning G;

1. Lease contract;

1. Business registration certificate or certified transcript of register;

1. Application of statutes on motor vehicle registration certificates;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act - Type 1 of the embezzlement crime group - the amount of profit of less than 100,000,00 won (special person) - the mitigated element of punishment (the scope of territory and recommendation) - the mitigated element of imprisonment (the amount of general person) - the mitigated element of imprisonment not more than 10 months (the amount of imprisonment not more than 10 months) - the aggravated element of crime of embezzlement - the aggravated element of crime of embezzlement - [the decision of sentence] 1 year of suspended sentence of April 4 months - the above sentencing person and the defendant recognized their mistake - the defendant without considering all circumstances, such as the fact that there is no criminal record exceeding the same criminal record and fine, etc.

1. Summary of the facts charged

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