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Reasons
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(영문) 대구지방법원 서부지원 2019.01.23 2018고단802
횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who operated the “C” as a business of processing motor vehicle parts from around 2009 to September 2017.

(1) On January 8, 2016, the Defendant entered into a lease agreement with the victim D Co., Ltd. to pay rent of KRW 767,400 per month for 48 months on March 4, 2016 to three automatic materials supply equipment (FIT-16S) equivalent to KRW 36,00,000 in the market price, and (2) on March 4, 2016, the Defendant paid rent of KRW 2,402,40 per month for 48 months on March 23, 2016 to 10 CNC machinery machinery of KRW 105,000 in the market price with the victim, and paid KRW 104,000,000 in the monthly rent of KRW 104,00,000 in the market price with the victim and KRW 3) for 2030,000 on March 23, 2016.

The Defendant arbitrarily sold the said machinery to a seller of used machinery, etc. from May 2017 to September 2017, when he received 17 parts of the said machinery from the said company and kept the said machinery for the victim around the date of conclusion of each contract.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. All documents on lease of each facility, notification of termination of a contract following the loss of the benefit of time, ledger of claims management involving accidents, and current status of collection of rent for lease;

1. Application of Acts and subordinate statutes on the investigation report (calculated amount of actual embezzlement);

1. In light of Article 355(1) of the Criminal Code of the relevant criminal facts, the method of the crime of this case with the reason for sentencing of imprisonment, the degree of damage to the victim company (the amount exceeding 150 million won), etc., the liability for the crime was grave, the damage was not recovered up to now, the defendant did not agree with the victim, the fact that the defendant is against himself at the time of the crime of this case, and there was no criminal record exceeding the same criminal records or fine.

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