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(영문) 서울중앙지방법원 2017.06.22 2017고정408
횡령
Text

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

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

Reasons

Punishment of the crime

On September 30, 2013, the Defendant entered into a lease agreement with D in Seocho-gu Seoul Metropolitan Government, under which the Defendant would pay KRW 1,294,90 per month for 60 months for the victim’s main financial securities company and E-benz vehicles, and would use the said vehicle.

On June 5, 2016, the Defendant rejected the return of the vehicle and embezzled the vehicle of approximately KRW 40 million at the market price without justifiable grounds despite receiving notification of the termination of the lease contract from the victim due to the delayed payment of the lease on four months.

Summary of Evidence

1. Statement made to F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the accused, a copy of the complaint, a copy of the vehicle leasing contract, a copy of the vehicle registration certificate, a copy of the vehicle return notification, a statement of calculation of the amount to be repaid in the middle, a copy of the terms and conditions of automobile lease, a copy of the automobile lease agreement, a copy of the details of deposits for operation Orto lease, a statement of calculation of the amount

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the Selection 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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