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(영문) 수원지방법원 2016.04.22 2015고단5657

횡령

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 30, 2012, the Defendant: (a) entered into a lease agreement with the victim on the lease agreement to lease a motor vehicle at the ctopy camp located in Sungnam-dong 104-2, Seongbuk-gu, Sungnam-si; (b) around August 20, 2014; (c) around August 20, 2014, the Defendant received the said motor vehicle from the victim and kept the said vehicle for the victim; and (d) around September 26, 2014, the lease agreement was terminated around that time with the victim upon receipt of notification of the termination of the lease agreement.

After all, the defendant refused to return the above vehicle even if he received a demand from the injured party to return the vehicle, and embezzled the above vehicle in the market value.

2. The Defendant committing a crime against Korea Co., Ltd. with a victim halogic Social Services (hereinafter referred to as the “Defendant”) on August 29, 2012, the Cradarum 464-9, Young-gu, Youngdong-gu, Gigi-dong, Gigi-gu.

The lease contract was terminated around September 29, 2014 by receiving the notification of the termination of the lease contract from the victim on July 16, 2014, while entering into a lease contract with the victim on the condition that the owner and the owner will lease the D Ethy automobile, the price of which is equivalent to 44 million won, and the delivery of the above vehicle for the victim.

After all, the defendant refused to return the above vehicle even if he received a demand from the injured party to return the vehicle, and embezzled the above vehicle in the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made against the defendant in each protocol concerning the suspect interrogation of the police;

1. Statement in the police statement protocol against E;

1. Statement prepared by the F;

1. Application of the respective Acts and subordinate statutes stated in an application for lease, the repayment requirements, the sea area, the agreement on automobile operation lease, the proof of the details thereof, the current status of overdue debts, etc.;

1. Relevant provisions of the Criminal Act and Article 355(1) of the Criminal Act concerning the selection of criminal facts (the punishment of imprisonment; hereinafter the same shall apply);