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(영문) 부산지방법원 2016.08.11 2015고정4865

횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 23, 2012, the Defendant entered into a lease agreement on the condition that the Plaintiff would pay the lease fee of KRW 87,700 per month for 48 months for a car of KRW 3,5530,000 for a car of KRW 3,5530,000 for the victim Hyundai Capital Co., Ltd. at an agency located in Busan Shipping Daegu B.

From October 2014, the Defendant did not pay the above rent under the above lease agreement (which shall be in arrears after payment of KRW 32,143,748 in 31 months). On October 23, 2014, the Defendant kept the said car in custody for the victim company due to the termination of the contract under the above lease agreement, and on October 23, 2014, the Defendant did not refund the said car without justifiable grounds even though the Defendant requested the victim company to return the said car on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a copy of lease contract and of a copy of registration certificate;

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;