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(영문) 부산지방법원 2016.05.27 2016고정1282

횡령

Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On May 13, 2013, the Defendant entered into a lease contract with CMW520d car at the time of CMW56, which is equivalent to the market price of 5,560,000 won under the name of the victim B Korea Co., Ltd. and the Defendant’s wife B, and received the above vehicle for 36 months at the time of lease.

Around August 2014, the Defendant borrowed KRW 18.5 million from D before the Defendant’s residence, while operating the said car and keeping the said car for the victim, and embezzled the said car by providing it as security and delivering it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. E statements and written complaints;

1. Certification of contents, the explanation of terms and conditions, and copies of confirmation of major contents, and the application of Acts and subordinate statutes of the lease application;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;