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(영문) 대구지방법원 서부지원 2015.06.05 2015고정463
횡령
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 15, 2014, the Defendant entered into a siren agreement with the victim KSren Co., Ltd., Ltd., and the victim’s market price equivalent to KRW 41,00,000 in the office of “D Company in the Daegu-gu Office” and received the said car on May 2, 2014, including “monthly rent 1,269,000, and 48 months for lease.”

As above, the Defendant, while keeping the said car on behalf of the victim company, did not pay the rent for the first time with the payment of only one-time rent, and on November 5, 2014, embezzled the said car by refusing to return without any justifiable reason even after being notified by the victim company that “the said car will be terminated by the rental contract and the said car will be returned.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Motor vehicle lease contract, early termination and notification of vehicle payment;

1. Investigation report (attached a certificate of vehicle takeover and the details of rental fees, investigation as to whether a suspect uses a suspect E-sports vehicle, on-site investigation of the office of the D company in which the suspect is the representative director);

1. Application of the Acts and subordinate statutes to the complaint;

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;

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