logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.10 2016고정3620
횡령
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the LAB.

On May 9, 2013, the Defendant entered into a lease use agreement for 36 months with respect to the vehicle (C) owned by the KB Capital Co., Ltd. in Suwon-si 295 KB Capital Co., Ltd. and operated the vehicle from that time.

From September 2015, the Defendant delayed the lease fee for more than two months, and the lease contract was terminated in accordance with the terms and conditions, and there was an obligation to return the vehicle, and the Defendant was demanded from the victim company to return the vehicle on several occasions.

Nevertheless, on July 2015, the Defendant embezzled the above vehicle by taking it as a collateral to the non-performing mutually influent bonds companies.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An agreement on automobile lease;

1. Automobile registration certificate;

1. Guidance on the scheduled termination of a lease agreement, and guidance on the termination of a lease agreement;

1. Application of Acts and subordinate statutes governing registration;

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;

arrow