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(영문) 대구지방법원 2017.02.09 2016고단6146

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 April 30, 2015, the Defendant entered into a financial lease agreement with the victim JBS Co., Ltd. and BAD A7 owned by the Defendant on April 30, 2015, for the vehicle price of KRW 93,88,000, total lease amount of KRW 100,001,240, and for the lease period of KRW 60,000, monthly lease amount of KRW 1,766,30, and received the said vehicle.

Since then, on March 22, 2016, the Defendant was notified from the injured party that the rent was overdue from February 23, 2016, the Defendant refused to return the said vehicle without justifiable grounds despite receiving a request from the injured party for return of the said vehicle, such as delivery of the scheduled termination of the lease contract and the request for return of the leased object from the injured party around March 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, copy of the motor vehicle registration certificate, confirmation of contract, application for the lease of a motor vehicle, scheduled termination of a lease contract, and request for return of leased articles;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the accused is against the reasons for sentencing at the Nowon-gu Station, and the fact that the vehicle has been returned, etc., shall be selected by the fine, taking into account the Defendant’s age, sex, environment, motive and background of the crime, means and consequence, and the circumstances after the crime, etc., the punishment as set forth in the order shall be determined by taking into account the following factors: