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(영문) 울산지방법원 2017.04.20 2016고단2706

횡령

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On May 2014, the Defendant entered into a lease agreement with the Defendant, on a monthly rent of KRW 671,000 from May 12, 2014 to May 12, 2018, to lease a motor vehicle with the content that: (a) the Defendant leased the damaged company’s business manager of B and CK5 motor vehicle owned by the victimized company at the first place of business (the change to the Plaintiff, Jun. 24, 2015, to the Plaintiff, Inc., Ltd., Ltd., on the first floor of Seocho-gu Seoul Seocho-gu distributiondong 19-3 cental underground; and (b) received the said motor vehicle from the victimized company around May 12, 2014.

Since then, while the Defendant kept the said car for the damaged company, he did not pay monthly rent from June 30, 2015, and embezzled the said car without any justifiable reason even if he requested the victimized company to terminate the car lease contract and return the said car on November 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a motor vehicle lease contract, a copy of a contract for the lease of a motor vehicle, notification of the return of a motor vehicle, details of overdue interest, application of statutes

1. Relevant Article 355 of the Criminal Act concerning facts constituting an offense and Article 355 of the Criminal Act concerning the selection of punishment (Consideration of punishment, and consideration of the fact that damage has been repaid during a trial, etc.);

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;