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(영문) 수원지방법원 성남지원 2015.01.09 2014고정1677

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, as the representative director of C on November 29, 2013, entered into a lease agreement with the victim Hyundai Capital Co., Ltd., Ltd., which sets forth a lease agreement with the victim amounting to KRW 44 months, monthly rent of KRW 1,366,200 on the same day and kept for the victim after being delivered the said vehicle and being kept for the victim on the same day, paid KRW 956,50,500 on December 20, 2013 to the victim as the lease fee and paid KRW 620,000 on January 20, 2014, which was later terminated on March 10, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Modern Capital Lease Application, Registration Certificate, and lease contract; and

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 has committed a crime, and the defendant has not been punished for the same kind of crime, and the victim has returned a motor vehicle, the punishment shall be determined as shown in the order; and