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(영문) 인천지방법원 부천지원 2018.10.18 2018고정434

횡령

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 29, 2015, the Defendant deposited KRW 15,755,00 for the complainants and Ebenz E300 E-L vehicles in Yongsan-gu Seoul, Yongsan-gu, Seoul, with a deposit of KRW 15,75,00,00, and entered into a vehicle rental contract to pay rent of KRW 1,159,710 each month between 60 months, and received delivery of the vehicle.

Until the expiration of the payment period, ownership of the same vehicle is owned by the complainant, and during that period, the defendant was in the position of the custodian entrusted with the custody of the vehicle.

As above, the Defendant was notified of the termination of the contract as of August 10, 2017 because he/she did not pay rent any more from June 10, 2017 while keeping the vehicle on consignment.

Since then, the complainant requested the return of the vehicle, but the defendant embezzled the vehicle by rejecting it without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. An application for the lease of motor vehicle facilities, an agreement on the lease of motor vehicle facilities, the table of terms and conditions of the lease, and the standard terms and conditions of the lease;

1. The application of statutes to notify the scheduled termination of a contract, notification of confirmation of termination of a contract, and notification of request for return of leased vehicles;

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

1. In full view of the various sentencing conditions shown in the records and arguments, such as the nature of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the period and circumstances leading up to the crime, and the amount of damage, the punishment as ordered shall be determined.