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(영문) 인천지방법원 2016.11.29 2016고단142

횡령

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged: (a) on October 15, 2013, the Defendant entered into a lease agreement with the victim and kept the said processing device for the victim, on condition that the market price of the victim non-NN Capital owned by the victim was paid KRW 1,50,000 from October 15, 2013 to October 15, 2017, the Defendant paid KRW 60,000,000 to the victim’s KRW 2,302,679.

From June 15, 2015, the Defendant did not pay rent for lease, and on July 23, 2015, the said lease agreement was terminated earlier, and thereafter, the Defendant refused the return of the said processing device to the victim even though the victim demanded the return of the said processing device.

Accordingly, while the defendant kept the victim's above processing device, he refused to return it and embezzled the victim's property.

2. According to each evidence duly adopted and examined by this court, the Defendant, on October 15, 2013, is the Defendant’s model name of the Razer model 2512HD2-3020D, hereinafter “the instant razer”).

(A) While entering into a lease agreement with respect to the instant radar processing device and being handed over and used, on January 2014, 2014, the instant radar processing device is called “E (F and the model name is issued to the F, and the name of the model is different from the model name of the racer model 2512HD-3020D, hereinafter referred to as “exchanged racer”).

The fact that the Defendant received from E, and the Defendant occupied and used the rash processing machine exchanged from the time to the present time. According to the above facts, according to the above facts, the Defendant was not the object of the instant lease contract, and the evidence submitted by the prosecutor alone is recognized to acknowledge that the Defendant embezzled the rash processing machine subject to the instant lease contract by refusing to return even if the Defendant was requested from the victim after the termination of the instant lease contract on July 23, 2015, even if the return of the rash processing machine was requested by the victim.