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(영문) 부산지방법원 2015.07.14 2015고단1409
횡령
Text

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

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

Reasons

Punishment of the crime

On January 22, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, etc. and the above judgment became final and conclusive on May 4, 2015.

On April 24, 2014, the Defendant entered into a rental contract with the Korea Social Services Korea Co., Ltd., Ltd., Ltd., Ltd., Ltd., the victim Alhysa, and from the same day to April 25, 2018, to operate the victim company with the CM5 car at the market price of KRW 19 million and to pay rental fees of KRW 510,741 per month, and received the said car on May 14, 2014.

While the Defendant kept the said car on behalf of the victim company, the Defendant, from July 16, 2014, failed to pay a monthly rental fee to the victim company, was notified by the employees in charge of the victim company of the termination of the siren contract and demanded the return of the car, but refused to return it, and embezzled it on January 22, 2015, after being sentenced to a separate punishment by the Busan District Court, until it is detained.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the termination of a long-term siren car contract, automobile lease contract, vehicle return demand letters, etc.;

1. Previous convictions in judgment: Inquiry reports, report on the results of confirmation of the previous disposition, application of Acts and subordinate statutes to the report on the date of release;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The details of sentencing, including the recovery of vehicles damaged by reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, degree of damage, and other conditions of sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, etc.

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