logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.11.27 2014고단3266
횡령
Text

A defendant shall be punished by imprisonment for six 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

On January 22, 2013, the Defendant entered into a lease agreement stating that “D” on January 22, 2013, at the PC located in C2nd, the victim, the prefabricated Capital Co., Ltd., the victim, only 1,876,122 won per month, total lease period of 24 months, and “the Defendant only has the right to possess and use the goods under the lease contract during the lease period, and in any case, does not transfer the ownership and other rights to the goods to the Defendant.” On the same day, the Defendant was handed over the said computers.

While the Defendant kept 50 computers on behalf of the victim company, on September 2013, the Defendant transferred the said PC to E without the victim’s consent, and embezzled it by receiving KRW 50,000,000, which included the computer price, while selling the said PC to E without the victim’s consent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The notification of termination of a contract, a lease contract, a computer lease estimate, a detailed statement of lease agreement, and the application of statutes on a right transfer contract;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of the Suspension of Execution] The reasons for the sentencing of Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Act] The basic field [decision of the recommended field] / [the scope of recommendation] / from April to April 1: where there are fundamental purposes such as living, not occupational embezzlement or breach of trust; where there is no serious reflection or criminal punishment; - Where there is an aggravated element: 6 months of imprisonment [decision of the sentence]; 50,000 won of total acquisition cost of 50,000 won of computer, which was 97,50,000 won prior to the suspension of the execution, was already paid as contract deposit; the defendant deposited 7 million won for the victim and the victim E.

arrow