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(영문) 수원지방법원 안양지원 2016.04.21 2016고정185

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 3, 2013, the Defendant entered into a mid-term financial lease contract with the victim and BMW vehicle at the office of the Korea Social Services Korea Co., Ltd. (hereinafter referred to as the “Plaintiff”) on the 12th century, the Seoul Central Central District of Seoul, on September 3, 2013, on the condition that the vehicle price for the victim and BM vehicle shall be 31,020,000 won and the contract period shall be 60 months, but the Defendant would pay the victim the monthly rent to the victim at the 25th day of each month, on the condition that the Defendant would pay the 626,008 won. The Defendant received the above BM vehicle from the injured party.

In spite of the conclusion of the contract as above, the Defendant paid the Plaintiff the sum of KRW 10,628,009 up to 17 minutes, and did not pay the lease fees (the total amount of KRW 26,626,949) since February 2015. On April 6, 2015, the Defendant refused to return the said BM vehicle without justifiable grounds upon receiving a demand from the injured party to terminate the contract in accordance with the terms and conditions of the lease contract and to demand the return of the said BM vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of receipts, certificates of content (Notice of Termination of Contracts), re-financial applications and Acts and subordinate statutes;

1. Relevant Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act regarding facts constituting an offense, the choice of a fine (i.e., confession and reflection, the fact that the defendant returned the vehicle stated in the judgment of the victim to the victim, the damaged person does not want the punishment of the defendant, and there is no record of punishment except that the defendant has been punished once

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;