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(영문) 수원지방법원 2016.01.14 2015고정3077
횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 25, 2013, the defendant, in Seoul Special Metropolitan City B, has a plan to operate a private partnership company.

On December 20, 2013 through November 20, 2016, the lease period of 36 months from December 20, 2013 to November 20, 2016, the victim company may terminate the lease contract and claim the return of the vehicle if the customer delays the rent on at least two consecutive occasions, and at that time the above vehicle was delivered.

While Defendant paid the lease fee of KRW 7,512,460 up to May 20, 2014 to the victim company as above, Defendant did not pay the lease fee from June 20, 2014. As the lease contract was terminated from August 25, 2014 to E of employees of the victim company, Defendant embezzled the said car of KRW 35,200,000 at the market price by refusing to return the said car without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on May 20, 2014, when the Defendant paid lease fees to the victim company until May 20, 2014, the Defendant was using a vehicle without paying lease fees until December 2015, when the victim company recovered the vehicle through compulsory execution, and the Defendant was agreed with the victim company to pay or return the vehicle at KRW 368 million until December 31, 2014, but did not perform the said agreement at all until compulsory execution is carried out.

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