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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal records] On January 22, 2016, the Defendant was sentenced to two years of suspension of execution for embezzlement at the Jeonju District Court on August 22, 2016, and the above judgment became final and conclusive on January 30, 2016.
[2] On September 19, 2012, the Defendant entered into a lease agreement with the E belonging to the said business office and the Fbenz automobiles owned by the victim, which was delegated by Korea Co., Ltd., on the part of the said business office (hereinafter referred to as the “Fbenz”) at the business office located in Seocho-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around September 19, 2012.
While the Defendant kept the said car on behalf of the said victim, he concealed it by an influence method on December 2014, and did not comply with the victim’s demand to return it on January 6, 2015.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Automobile registration certificate (F);
1. Notice of lease agreement, details of the payment of lease fees, repayment lines, settlement details, confirmation of termination of a contract (request for return of a vehicle);
1. Previous convictions in the judgment: The application of a reply letter to inquiry, such as each criminal history, (A), investigation report (Attachment to the judgment, etc.), and the application of the Acts and subordinate statutes on April 11, 2016;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;