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(영문) 창원지방법원 2013.12.13 2013고단903

횡령

Text

The defendant shall be innocent.

Reasons

Public Prosecutor's Office

1. On March 4, 201, the Defendant: (a) leased the amount equivalent to KRW 57,100,000 of the market value of the F deemed vehicle owned by E Co., Ltd. owned by the victim in Changwon-si, Changwon-si; (b) on the same day, the lease period of KRW 44 months until November 4, 2014; and (c) did not pay the lease fee from August 2, 2012 to the victim while the Defendant was handed over the said vehicle for the victim; and (d) did not pay the lease fee from August 2, 2012 to the victim; and (e) was requested by the victim to return the said vehicle by mail and telephone around October 2, 2012, the Defendant rejected the return without justifiable grounds even if the said lease contract was terminated and requested to return the said vehicle.

2. Around March 12, 2012, the Defendant: (a) leased the amount equivalent to KRW 45,500,000 of the market value of one motor vehicle owned by the victim E, the victim E, to KRW 36 months, monthly rent of KRW 1,194,400 until March 12, 2015; and (b) did not pay rent from August 2, 2012 to the victim, while the Defendant was in custody for the victim on the same day by delivery of the said motor vehicle; and (c) the Defendant refused to return the said vehicle without justifiable grounds even if he was requested to return the said vehicle by mail and telephone around October 2, 2012.

Maz.

1. Even if the Defendant’s custodian status and the existence of a refusal to return is a legal entity that keeps property in the crime of embezzlement, a legal entity without criminal capacity cannot be the principal agent of the crime of embezzlement, and a legal entity that administers business on behalf of the legal entity is the principal agent of the crime of embezzlement that keeps another’s property (see, e.g., Supreme Court Decision 2012Do2826, May 24, 2012). In light of the following: (a) the vehicle leasing contract (a lease agreement) for the vehicle leasing (a lease agreement) bound in the records of the instant case; and (b) the vehicle leasing company is J.

However, according to the statement of the above company's registration certificate submitted by the defendant, the defendant.