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(영문) 서울북부지방법원 2017.02.02 2015고단4782
횡령
Text

The sentence against the accused shall be determined as a fine of KRW 3,00,000 (three million).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

On April 30, 2013, the Defendant entered into a lease agreement with C agency located in Nowon-gu in Seoul Special Metropolitan City (hereinafter “victim Company”) to pay lease amount of KRW 23,348,930, lease period of KRW 48 months, monthly lease amount of KRW 584,500 with respect to DD vehicles owned by the victim company, and to transfer or offer a car to a third party without the victim’s prior consent. On the same day, the Defendant received a vehicle from the victim company.

On July 2014, the Defendant, while keeping a car under the lease agreement, borrowed 5 million won from the victim company's non-titled credit service provider without the victim company's consent or approval in the defendant's residence located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and embezzled the victim company's property.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement on the criminal complaint and the police statement with respect to F;

1. Application of documents related to the lease contract, the motor vehicle registration ledger, and the statement of cancellation of the lease to statutes;

1. Relevant Article 355 of the Criminal Act and Article 355 (1) of the Criminal Act concerning the crime (In consideration of the fact that the crime was committed and the agreement was reached, selection of fines shall be made);

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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