횡령
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The Defendant is a real operator of the “C Co., Ltd.”, a real estate development company in two weeks of Gyeonggi-do, and D is a representative in the name of the above company, and the Defendant is a four-way group in D.
On March 28, 2012, the Defendant demanded D, a representative of the above company, to enter into a car lease contract with the victim’s “Aju Capital Co., Ltd.”.
Accordingly, on March 28, 2012, D entered into a lease agreement with the victim as to the term "string MKS car (F)" and "porting passenger car (G) owned by the victim at the office of the victim company located on the third floor of Dongdaemun-gu Seoul E-building, Dongdaemun-gu, Seoul, with the term "15 months from April 14, 2012 to July 14, 2013" and the monthly rent as "2,565,317 won (porting passenger car: 1,467,924 won, and Posing passenger car: 1,097,393 won)."
The Defendant, in accordance with the above lease agreement, directly operates the saiding MKS car and used the said passenger car by having H, one of his subordinate employees, operate it for business purposes, and stored the said car for the victim. On April 4, 2013, the Defendant embezzled the “Advance notice of early termination of the lease agreement” to the effect that the victim was in arrears equivalent to KRW 13,367,67,66, which was dispatched to D on the ground that the victim did not pay a total of KRW 13,366,00,000 for rent (lease) on April 2, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Three-time protocol of examination of the accused by the prosecution (including the whole part of interrogation, A, and H statements);
1. Statement of the police officer to I;
1. Application of Acts and subordinate statutes to notice of prior cancellation of each lease succession contract, each lease agreement, and each lease agreement for facilities;
1. Article 355 of the Criminal Act concerning criminal facts and the choice of punishment