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(영문) 서울서부지방법원 2015.04.01 2015고정43
횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around November 15, 2013, the Defendant entered into a car siren contract with the Hyundai Capital Co., Ltd., Ltd. and the victim with respect to Dystuna car owned by the Defendant, which is 506,220 won a monthly rent, and 48 months a rental period, around November 15, 2013, and received the said car from the victim around that time.

While the Defendant kept the said car on behalf of the victim company as above, from June 5, 2014, the Defendant delayed the payment of rent from around June 5, 2014, and was notified by the victim company of the termination of the said siren agreement and then embezzled the said car without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A report on investigation (counseling, history inquiry, etc.) and a report on investigation (vehicle storage);

1. A counseling slip, inside and outside of the examination team, information, automobile siren contract, written agreement, and certified copy of the contents thereof;

1. Application of the register of automobiles statutes

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition in consideration of the fact that the defendant in the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not want the punishment of the defendant by mutual consent with the victim, and the circumstances of the crime and the refusal period of return.

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