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(영문) 대구지방법원 포항지원 2013.06.20 2012고단447

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 19, 2007, the Defendant entered into a vehicle lease agreement on the condition that 117,220,282 won, excluding 168,70,000 won in vehicle price and 51,479,718 won in vehicle price of 168,70,000 won in vehicles and 117,220,282 won in vehicle price for 24 months with respect to 70-13, Gangnam-gu, Seoul.

The Defendant paid only the lease fee of KRW 49,950,080 while keeping the said vehicle for the victim, and paid the lease fee of KRW 81,515,628 (the remainder of the lease and the acquisition price of the vehicle at the time of termination of the contract) under the condition that the difference remains, and rejected the request for return of the vehicle from the said B on July 15, 2009, and refused to return the vehicle.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning B;

1. A report on investigation (report accompanied by details of calculation of the amount of damage);

1. Application for installment financing, written consent to the provision and utilization of personal credit information, application of Acts and subordinate statutes on motor vehicle sales contract, instrument acceptance certificate, and motor vehicle register;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;