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(영문) 부산지방법원 2015.03.26 2014고정5364
횡령
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around May 20, 2011, the Defendant: (a) concluded a lease agreement on the condition that he/she pays rent of 1.35 million won per month from June 201 to May 2014, 201, on a condition that he/she uses a vehicle, and kept the said vehicle for the victim; (b) around November 201, the Defendant borrowed KRW 14 million from a lending company of the trade name of “F on the second floor of Busan Jin-gu Incheon Metropolitan City Etel, Busan, as of November 201, and embezzled the said vehicle at a cost equivalent to KRW 30 million at the market price, while borrowing KRW 14 million from a lending company of the trade name of “F on the second floor of Busan Jin-gu, Busan, as of November 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. 자동차 리스계약서 사본, 상환스케쥴 및 지급내역, 계약해지 확정통지 법령의 적용

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that no criminal record exceeds the fine imposed on the defendant for the reason of sentencing of Article 334(1) of the provisional payment order, confession and reflects the crime of this case, and that the defendant paid the victim the sum of the lease charges of this case for 33 months, which is favorable to the defendant.

However, the crime of this case is alleged to the effect that the defendant entered into a lease agreement with the victim on monthly rent of KRW 1,350,770 for the vehicle of this case and KRW 36 months for the period, and the grace amount of KRW 21,086,40 for the vehicle of this case and offered the vehicle as security at will to the lending enterprise, and the crime of this case is not less severe in light of the amount of damage, etc., and the defendant and the defense counsel paid more than KRW 4 million for the remaining three months, but the above vehicle of this case was owned by the defendant. However, the grace amount stipulated in the above lease agreement is KRW 21,086,40 for the remaining three months.

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