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(영문) 서울중앙지방법원 2016.08.24 2016고단4044

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2014, the Defendant agreed to pay rent and interest for each month by leasing a vehicle of KRW 57,100,000 from the victim Hyundai Capital Co., Ltd. with BK9, which is equivalent to the market price of KRW 57,100,00, and kept the leased vehicle as above. On December 27, 2014, the Defendant was automatically terminated the lease contract in accordance with the terms and conditions, and on February 3, 2015, the damaged party demanded the return of the said vehicle, but refused the return.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as filing of a complaint, filing of an application for vehicle lease, the motor vehicle registration ledger, and certification of contents;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;