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(영문) 의정부지방법원 2018.04.26 2018고단400

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

피고인은 2016. 1. 18. 경 남양주시 석실로 710-26 2 층에 있는 ㈜ 미영산업 사무실에서, 피해자 에스케이 네트 웍스 주식회사의 직원 E을 통해 시가 25,580,000원 상당의 ‘F’ 스포 티지 승용차와 시가 32,150,000원 상당의 ‘G’ 그랜저 승용차를 피해 자로부터 임차하는 장기 대여 계약을 체결하고, 위 승용차들을 인도 받았다.

While the Defendant kept the said automobiles owned by the victim as above, from March 2016, the Defendant embezzled the said automobiles by arbitrarily transferring the said automobiles to H without paying rent to the victim from March 2016, and without the victim’s consent and transfer procedure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to a long-term lease contract and a peremptory notice for termination of contract;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, under the conditions below a fine of three million won.

The circumstances disadvantageous to the defendant: The circumstances favorable to the defendant that have a large number of criminal records: The confession of the crime of this case, and the damaged person's repayment of damage does not want the punishment of the defendant.