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(영문) 서울북부지방법원 2016.07.01 2016고정468
횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Basic Facts] On February 18, 2013, at the E market located on the first floor of the Seocho-gu Seoul Metropolitan Government building D, C entered into a lease agreement with the victim MMW 520d F10D Co., Ltd. (hereinafter “victim Co., Ltd.”) to pay the lease amount of KRW 30,00,000, the lease period of KRW 36 months, the monthly lease amount of KRW 996,286, and the said car was kept on September 2013, and delivered the said car to the Defendant by exchanging the said car and the Defendant’s halog car under the name of F.

[2] On September 2013, the Defendant rejected a request for the termination and return of the lease contract from the victim company around April 2015, while receiving a passenger car delivery from GMW 520d F10D F10, which is owned by the victim company, through the said car exchange contract in the French city and the Defendant was in custody for the victim company.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Part concerning the defendant's statement in the prosecutor's office interrogation protocol

1. Each police statement made to F and C;

1. A H statement;

1. A complaint;

1. Application of Acts and subordinate statutes to certificates of content, receipts, applications for financial leasing, and certificates of succession;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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