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(영문) 전주지방법원 2018.04.19 2018고정92
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 12, 2015, the Defendant entered into a lease agreement on the lease of the automobile facilities (lease) with the amounting to KRW 50,000,000 in the market price of 2MW 320d GT vehicle owned by the victim at the office of the Defendant located in Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, for 60 months, monthly rent of KRW 849,90, and had the Defendant keep the said vehicle in custody for the victim.

The Defendant did not pay the lease fee from January 2017 while keeping the said vehicle as above, and the same year.

6. 8. In the former So-gu Seoul Metropolitan City, the vehicle was not returned even if the injured party was notified of the termination of the lease contract and demanded the return of the vehicle from the victim at the elim apartment parking lot.

Accordingly, the Defendant embezzled the above vehicle of the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of a motor vehicle facility lease agreement and terms and conditions, all of the documents related to the contract, a copy of the motor vehicle registration ledger (A), and a report on the progress of claims request;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment shall be determined as follows: (a) taking into consideration the following circumstances: (b) the Defendant recognized the error of the Defendant; (c) the return of the vehicle to the victim; and (d) the fact that there was no particular criminal history in the recent 25 years;

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