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(영문) 대전지방법원 천안지원 2018.08.10 2018고정304

횡령

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 1, 2014, the Defendant concluded a contract for the lease of facilities (lease) with the victim D Co., Ltd. and E vehicles (lease) in Mapo-gu Seoul Metropolitan Government around September 1, 2014, and agreed to pay KRW 2,152,500 per month to the victim as lease fee for 60 months from September 2, 2014 to September 2, 2019, and operated the said vehicle under the victim’s name by receiving the said vehicle from the victim.

The Defendant paid only KRW 72,053,557 on 33 occasions to the victim until May 2017 while driving the vehicle by delivery, and did not return the vehicle even if the Defendant was requested to return the leased vehicle from July 2017 to the victim on or around June 2017 by failing to pay the lease fee from June 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. An application for automobile lease;

1. Statement of guidance on termination of a lease agreement;

1. The Schedule for repayment;

1. The progress of delivery;

1. A certified copy of corporate registry;

1. Original Register of Automobile Registration;

1. Comprehensive details of vehicles;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by taking into consideration the following circumstances: (a) the sum of lease charges that the defendant did not pay; (b) the value and period of the vehicle for which the defendant refuses to return; and (c) the criminal punishment records of the defendant, etc. as shown in the pleadings of the