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(영문) 서울중앙지방법원 2018.07.12 2018고단1125

횡령

Text

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

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

Reasons

Punishment of the crime

On July 29, 2013, the Defendant concluded a lease agreement with the effect that the Defendant would return the E-Au Q5 vehicle owned by the victim E as KRW 10,356,000, monthly lease fee of KRW 1,549,000 through the influence of the name and influence of the victim D Co., Ltd. at the C gas station office located in Gwangjuyang-si, Seoul, exclusively, around 2013, the Defendant would return it after use for a period of 44 months.

While the Defendant received and operated the said vehicle on the same day on March 2015, the Defendant arbitrarily transferred possession to another person with unpaid monthly rent from around March 2015, and refused the victim’s repeated demand to return the said vehicle from May 2015.

Accordingly, the Defendant embezzled the above vehicle of 45,000,000 won at the market price stored for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;