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(영문) 수원지방법원 2014.02.14 2013고단4556

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 3, 2010, the Defendant concluded a car lease agreement and embezzled the said vehicle on the condition that the Plaintiff would pay the lease amount of KRW 67,753,630, and KRW 1,689,600 each month for the lease period of KRW 36 months with respect to the victim Filisung Capital Co., Ltd., Ltd. and D againu XF 3.0D vehicles of an amount equivalent to KRW 67,753,630, and the lease period of KRW 36 months in Seoul. On May 13, 2012, the Defendant was unable to pay the lease fee from December 2012 to receive the notification of the termination of the contract from the victim on May 13, 2013, even if the Defendant refused to return the said vehicle without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has paid the lease fee of 27 times out of 36 times, and