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(영문) 서울동부지방법원 2017.09.12 2017고정829

횡령

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative who operates a real estate consulting company under the trade name of corporation C from 501 in Songpa-gu Seoul Metropolitan Government building B.

The Defendant, around August 10, 2016, entered into a re-contract for the extension of the lease term of a motor vehicle under the condition that the lease fee of KRW 818,400 is paid on the tenth day of each month from September 10, 2016 to August 10, 2018 at a modern motor vehicle E agency located in Yongsan-gu Seoul, Yongsan-gu, Seoul, for the period from September 10, 2016 to August 10, the Defendant paid the lease fee of KRW 818,40 on the 10th day of each month, and the Defendant paid the lease fee of the said one month and written in the 2016 public hall as “2017.” As such, the Defendant appears to be “2016.”

10. From October 1, 198, the contract was terminated because it did not pay the price.

As a result, despite the demand for the return of the vehicle due to the termination of the contract on November 25, 2016, the vehicle was rejected without justifiable reasons up to now.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to a complaint and an application for automobile lease;

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. In addition to the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the victim’s damage was not recovered, and the Defendant did not have any record of criminal punishment for the same crime, the amount of fine prescribed in the summary order does not seem to be excessive even if considering the sentencing conditions indicated in the instant trial.