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(영문) 의정부지방법원 2015.02.05 2014고단3362

횡령

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 27, 2011, the Defendant: (a) at the Gangnam-gu, Seoul, the Gangnam-gu, Gangnam-gu, Seoul, 837-36 Gangnam-gu Social Co., Ltd., Gangnam-gu, the 15th victims' Republic of Korea; (b) entered into a contract with its employees and victims to pay monthly rent of KRW 1,336,60 for 42 months; and (c) was kept in custody for the victim, the Defendant embezzled the above vehicle of KRW 22,716,388 of the market price by borrowing money from the lending company located in Seocheon-gu around July 2013 without paying rent from around October 201, and arbitrarily granting it to the victims as a collateral.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to a complaint, a motor vehicle lease contract, a business registration certificate, a copy of a transaction statement, a sales contract, a operational lease estimate, and a copy of a motor vehicle registration certificate

1. Relevant legal provisions for facts constituting an offense, Article 355(1) of the Criminal Act of the choice of punishment, selection of a fine [Considering that the defendant recovered the vehicle and received the payment of KRW 15,191,040 to the victim as a result of the public auction for the said vehicle, the defendant paid the lease fees of KRW 33,534,742 in total from June 27, 2011 to July 10, 2013, the defendant appears to have an attitude to reflect in depth by recognizing all his/her mistake, and there is no power to be punished for the same kind of crime, etc.];

1. Articles 70 (1) 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;