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(영문) 부산지방법원 2015.02.06 2014고단8874

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2010, the Defendant entered into a lease contract with the Plaintiff Hyundai Capital Co., Ltd., Ltd. to lease the said vehicle to KRW 65,50,000 of the vehicle price of KRW 44 months, monthly rent of KRW 1,605,300, which is the victim company, between the Defendant and the Defendant’s Hyundai Capital Co., Ltd., on September 17, 2010, and embezzled the said vehicle by providing the leased vehicle as security, regardless of the name of the vehicle registration, if the leased vehicle is a vehicle owned by the lessee and the obligation to pay rent, etc. is violated on one occasion, even if the obligation to pay the rent, etc. is violated on one occasion, after demanding the performance of the obligation to pay the lease, and then terminate the lease contract and recover the vehicle. < Amended by Presidential Decree No. 24380, Feb. 7, 2013>

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to a motor vehicle facility rental agreement and details of arrears of lease fees;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that there is no past record of punishment for the defendant for the same criminal record or imprisonment with labor, since the defendant paid a considerable amount of rent, the motor vehicle was returned to the victim and thus the damage was recovered,