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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1571
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2015, the Defendant entered into a lease contract with the victim No. 202, the victim Eul-dong 1178, Seongbuk-dong 1178, Seongbuk-gu, Seongbuk-dong, for a total of 12 months from the monthly rent of KRW 480,000 at the location in the Yetertera Co., Ltd., and received the above vehicle for 48 months. On January 19, 2016, the Defendant entered into a lease contract with CK5 vehicles owned by the victim at the same place for 49,000 monthly rent of KRW 48 months, and had them take custody of the said vehicle for the victim.

The Defendant, from April 2016 to around July 2016, received notification of the termination of the lease contract of a vehicle from the injured party and the return of the vehicle from the said vehicle, but he/she continuously refused the return of the said vehicle and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Contract for vehicle lease;

1. Application of the Acts and subordinate statutes to cases where the contract expires and the return of vehicles is requested;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the fact that the facts charged are recognized, the vehicles in the judgment were returned to the victim, and the additional agreement was reached with the victim, etc.).

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