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(영문) 부산지방법원 2013.11.21 2013고정4521

횡령

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 13, 2011, the Defendant was to pay the lease fee of KRW 794,200 per month to the Flag car C agency located in Busan Shipping Daegu B, and was to pay the lease fee of KRW 794,200 on the 25th day of each month while operating a vehicle owned by Hyundai Capital, the Defendant failed to pay the lease fee properly.

9. It was notified by Hyundai Capital of the termination of the lease agreement and the return of the vehicle.

Therefore, despite the return of the leased vehicle to the Hyundai Capital, the owner of the leased vehicle, he refused to return the vehicle with the amount of KRW 21.9 million at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A criminal investigation report (Submission of evidential materials by a complainant), and a criminal investigation report (subject matters to the direction of the prosecutor);

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

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;