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(영문) 의정부지방법원 고양지원 2015.01.22 2014고단526

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around August 24, 2011, the Defendant entered into a car lease agreement with the Defendant in the third floor B in Gwangju-si, the Defendant: (a) concluded a car lease agreement between the Defendant and his/her employees to pay the automobile rent of KRW 2,059,000 each month for 36 months from August 24, 2011 to August 23, 2014, to pay the automobile rent of KRW 2,059,000, which is the victim’s own in the name of the representative director E of the C&P, and received a notification of termination and demand for the return of the vehicle for default of lease fees from the victim on January 2012 while keeping the said vehicle in custody, without justifiable grounds.

As a result, the Defendant embezzled 72,800,000 U.S. car which was kept in custody for the victim, thereby embling XF 3.0D car.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding E;

1. Each police statement of G and H;

1. Statement of e-mail against D;

1. Pre-announcement of termination of a motor vehicle lease agreement due to loss of term interest;

1. Application of Acts and subordinate statutes on automobile lease contracts;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;