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(영문) 춘천지방법원 강릉지원 2015.11.06 2015고단904

횡령

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a person who operated the D Co., Ltd. in the East Sea.

On September 10, 2008, the Defendant entered into a lease agreement with Hyundai Capital Co., Ltd., Ltd. and the victim's market value equivalent to KRW 69,720,00,00 in the East Sea at the center of the East Sea as of September 10, 200 to KRW 1,602,440, and the lease term of 36 months, and the leased vehicle is owned by the lessee, only the lessee has the right to use the leased vehicle as security, the lessee has the right to benefit from the lease, and the vehicle shall be immediately returned upon the lessee's request for return if the contract is terminated due to the expiration of the lease term or the termination or termination of the lease contract, but the lessee may, at the lessee's request, return the vehicle immediately on the date of termination, but the lessee can purchase the leased vehicle if the lessee consents to the lease company. The Defendant received the aforementioned vehicle as a joint and several surety and operated the said vehicle as a joint and several surety.

As above, while the Defendant kept the said vehicle for the victimized company, around September 20, 201, the said lease contract expired, and extended one time of the lease contract, which was extended around September 20, 2012, and was demanded by the victimized company to return the said vehicle at the time of the occurrence of the damage company due to the expiration of the lease contract extended around September 20, 201, but, without justifiable grounds, the Defendant refused to return the said vehicle and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. F statement in the suspect interrogation protocol of the police below the defendant;

1. The police statement concerning F;

1. At the time of refusal to return a motor vehicle leasing agreement, counseling history, motor vehicle register, motor vehicle registration certificate, full certificate of registered matters, investigation report (verification of the fact of a motor vehicle leasing agreement), investigation report (verification of the terms and conditions of a lease), investigation report, or notification of investigation;