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(영문) 서울동부지방법원 2018.03.29 2017고단3480
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 September 30, 2016, the Defendant entered into a lease agreement on the condition that the Defendant would pay monthly rent of KRW 471,700 from September 30, 2016 to 36 months for one of the victim Hyundai Capital Co., Ltd. and one of the other vehicles owned by the victim in installments at the office of Orer (State) located in Gangseo-gu Seoul, Gangseo-gu, Seoul, Yangcheon-ro 53-ro, 30,000, and received the said vehicle from the injured party.

In accordance with the above lease agreement, the Defendant paid a total of seven lease charges until June 2017 while keeping the said vehicle for the victim, and delayed payment of the remainder. The Defendant demanded the victim to lawfully send a notice of termination under the lease agreement as of July 13, 2017 and return the vehicle to the Defendant without justifiable grounds, but embezzled the vehicle by refusing to return the vehicle without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to file a complaint, a statement, a lease agreement, etc., the list of redeeming Schedule, notification of termination of a lease agreement, the register of motor vehicle registration, and partial certificates of registered matters;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the confession and reflect of the defendant, the damage is entirely recovered and the injured person does not want the punishment of the defendant, and the motive and circumstance of the crime, means and result of the crime, and the circumstances after the crime, etc., as a whole, determine the punishment as ordered by taking into account the various factors of sentencing specified in the arguments of this case, such as the motive and circumstance of the crime, means

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