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(영문) 전주지방법원 2019.10.01 2019고단506
횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around August 17, 2017, the Defendant entered into a long-term facility rental car contract with the victim E Co., Ltd., the owner of which is KRW 668,800,000 monthly payment, and the contract term on August 19, 2022, and subsequently failed to pay monthly payment from April 25, 2018, and accordingly, on June 1, 2018, the Defendant embezzled the above contract without justifiable grounds, despite the fact that the contract was terminated by a long-term delayed payment for the payment of monthly payment from an employee on the victim’s name.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. President of the Bank of Korea;

1. The rental car contract;

1. Statement of guidance on the termination of sirens contract;

1. Automobile register;

1. The Schedule for repayment;

1. Counseling, counseling, support and inquiry for Capitals;

1. Application of the statutes on summary statement;

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 confinement of a workhouse; Article 333(1) of the Criminal Procedure Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not have the same criminal records as the sentencing reason of the provisional payment order, and the fact that the victim cancels the complaint by mutual consent with the victim shall be determined as the same as the order; and

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