(영문) 수원지방법원 2015.09.04 2015노670 | 리걸엔진

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(영문) 수원지방법원 2015.09.04 2015노670

횡령

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a representative director under the name of the Defendant, was involved in the process of leasing the instant vehicle, and the actual management and user of the instant leased vehicle is the vice president E.

After being notified of the termination of the lease contract, the Defendant requested E, the user of the instant vehicle, to immediately return the instant vehicle, and actively endeavored to return the instant vehicle by actively informing the victim’s employees of E of the fact that he/she discovered the instant vehicle from the victim’s employees, and provided documents necessary to go to the scene.

Therefore, the Defendant did not refuse to return the instant vehicle and embezzled it.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. The summary of the facts charged in this case, as the representative director of C on November 29, 2013, the Defendant entered into a lease agreement with Hyundai Capital Co., Ltd., Ltd., which provides for KRW 44 months, monthly rent of KRW 1,366,200 with respect to D Ecccoos automobiles equivalent to KRW 45,00,000 at the market price on November 29, 2013, and was transferred to the said vehicle and kept for the victim on the same day, while the Defendant was in custody for the victim on the same day, he/she continued to use it and embezzled it by having the vice president of C, the vice president of C, even though the lease agreement was terminated on March 10, 2014, by refusing to return it.

B. The lower court convicted the Defendant of the instant facts charged, taking into account the Defendant’s legal statement, the police interrogation protocol against the Defendant, the F’s statement, the application for lease of Hyundai Capital, the registration certificate, the termination of lease contract, and the accusation.

C. The Defendant, at the lower court and the police investigation stage, was based on criminal facts, but at the time of the trial.

유사 판례

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