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(영문) 제주지방법원 2018.10.26 2018고단774

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 21, 2015, the Defendant entered into a long-term rental contract with the Defendant, in the name of the said company and B, for the Defendant, using facsimile in the name of the said company and B, and for the Defendant’s vehicle for the Defendant and for the Defendant’s use of DK7 passenger car in Jeju-do, the victim owned, using facsimile around July 21, 2015, with the total rent of KRW 24,948,00, monthly payment of KRW 693,00, and the lease period of KRW 693,000, from August 11, 2015 to August 11, 2018.

While the Defendant had the victim sent the above vehicle to Jeju-do and operated and kept it on delivery, the Defendant embezzled the victim’s property by borrowing five million won from the victim (E), even though the Defendant received the notification of the termination of the lease contract and the request for the return of the vehicle from the injured party on February 2017 due to his/her failure to pay the monthly payment from November 2016, and thereby he/she embezzled the victim’s property by borrowing five million won from the victim (E) and providing the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police with regard to F;

1. Application of a copy of a contract for lease of a motor vehicle, a copy of certificate of registration and statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the crime in this Court.

The damaged vehicle was returned to the victim.

However, the return of the damaged article was made by the contingency circumstances that the owner of the above vehicle became aware of the victim who was not the defendant, and there was no fact that the defendant made efforts to recover the damage.

There is a history that the defendant has been punished several times for the same crime.

The sentencing, such as the defendant's age, environment, and circumstances after the crime, shall be imposed.