(영문) 수원지방법원 안양지원 2016.06.16 2016고단471

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안양지원 2016.06.16 2016고단471

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

To the extent that there is no disadvantage to the defendant's exercise of the defendant's right of defense, the criminal facts are modified and recognized ex officio as follows.

On December 30, 2014, the Defendant entered into a lease agreement between the victim KB Capital Co., Ltd. and the Plaintiff on the condition that the Defendant would rent the said vehicle at KRW 1,448,600 each month between 36 months, on the condition that the Defendant would pay the victim KRW 63,90,000 each month between 36 months, and kept the said vehicle. On January 19, 2016, the Defendant was notified of the termination of the lease agreement two times in arrears from the office of “D” operated by the Defendant in the wife population C on the ground that the Defendant would pay the monthly rent from the damaged party. Even upon receiving a request for the return of the said vehicle, the Defendant offered the said vehicle as security without returning the said vehicle to the victim on February 2, 2016 through March 2 of the same year.

Accordingly, the Defendant embezzled the car owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of inquiries into integrated credit information;

1. Documents submitted, such as an agreement on the lease of a motor vehicle, guidance on the termination of a lease agreement, interview history, sample of an agreement on the lease of a motor vehicle;

1. Application of statutes on motor vehicle registration certificates;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment]; the category 1 (less than KRW 100 million) of the Act on Embezzlement and Breach of Trust

2. The sentencing conditions, such as the age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in full consideration of the following circumstances: (a) the sentence is to be imposed; (b) the sentence is to be imposed as ordered.

The circumstances that are disadvantageous: The defendant led to the confession of the crime of this case, and the same as the defendant.

참조조문

-형법 제355조 제1항

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