logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.05.15 2013고단7493
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for five months at the Incheon District Court for fraud, and the judgment became final and conclusive on December 25, 2012.

On August 2, 2011, the Defendant entered into a lease agreement with the Hyundai Motor Vehicle Sales Agency located in Gyeyang-gu, Incheon, Gyeyang-gu, with the monthly lease fee of KRW 676,900, and the agreed period of KRW 60 months for the amount of KRW 22.7 million at the market price owned by Hyundai Capital Co., Ltd. of the victim Hyundai Capital.

While the Defendant kept the said vehicle for the victim, from June 2012 to August 6, 2012, the Defendant refused to return the said vehicle without justifiable grounds even though the lease contract was terminated and the victim demanded the return of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of D and E;

1. A copy of registration certificate;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

1. Relevant legal provisions concerning criminal facts: Article 355 (1) of the Criminal Act, the choice of imprisonment;

1. Handling concurrent crimes: The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are partially deposited by the defendant, but not agreed with the victim; the fact that the investigative agency continues to deny the crime on the ground of a third party and does not seem to have been able to repent by continuously denying the crime; the court shall choose the same type as the order, taking into account the equity in the case of judgment with the case where the judgment is rendered together with the previous conviction and the case where the judgment

arrow