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(영문) 전주지방법원 정읍지원 2015.07.14 2015고정71

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 April 21, 2014, the Defendant entered into a lease agreement on the vehicle Cagency in order to set up 37,541,719 of the market price with the damage corporation, the Defendant’s vehicle Cagency in order to set up the lease agreement on 37 vehicles of the amount equivalent to 37,541,719.

The Defendant, while operating the said vehicle, failed to pay monthly rent and returned the vehicle by October 22, 2014, received “involuntary notification and notification of the return of the object for lease” and embezzled it without justifiable grounds.

Summary of Evidence

1. Legal career of the defendant;

1. Statement made to D by the police;

1. A report on investigation (related to attachment of photographs) and a report on the results of investigation;

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

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime in favor of the defendant, and reflects the fact that the defendant committed the instant crime, but only 3 times out of 60 lease fees for the defendant's 7-K 7 vehicles equivalent to 37,541,719 won, and no later is paid thereafter. Nevertheless, the defendant did not return the leased vehicle to the victim, the defendant did not make efforts to recover the damage of the victim at all, and the records and arguments of the instant case, such as the defendant's character and behavior, environment, family relationship, and circumstances after the crime, are considered to have no reason to reduce fines prescribed by the summary order, and thus, the punishment as set forth in the summary order shall