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(영문) 서울동부지방법원 2017.07.20 2016고단909
횡령
Text

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

On June 30, 2014, the Defendant entered into a lease agreement between Korea for social service (main owners) and D, with respect to the acquisition cost of 46,506,550 won, contract deposit of 4,660,000 won, monthly lease fee of 932,340 won, monthly lease fee of 932,340 won, while receiving and using the said vehicle and keeping it for 60 months on March 12, 2015, the Defendant was notified of the demand for the termination of the contract and the return of the vehicle on March 12, 2015.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. A contract for leasing motor vehicle facilities, a motor vehicle transaction contract, a copy of the passbook, and a written estimate of operational lease;

1. Application of statutes to the details of notification of cancellation of an automobile registration certificate, automobile lease agreement, terms and conditions of automobile lease, and requests for the payment of rent;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background and method leading up to the crime of this case; (b) the defendant reflects the error; (c) the return of the vehicle; and (d) the return of the vehicle; (c) there was no history of punishment exceeding the fine; and (d) the defendant’s age, sex behavior, career, family environment, etc. are comprehensively considered and determined as the sentence as per Disposition.

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