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(영문) 인천지방법원 부천지원 2018.11.22 2018고단2193
횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 6, 2016, the Defendant purchased the imported vehicle BM 730D XIVE vehicle number E in the Namdong-gu Incheon Metropolitan City, and entered into a loan contract with a company located in the Jung-gu Seoul Metropolitan Government, Jung-gu, the complainant, to pay the vehicle price of KRW 50 million, KRW 50 million, KRW 15 million, contract period, KRW 60, KRW 15,000, KRW 821,099, on the settlement date of each month, and KRW 821,099, under the name of G in which the Defendant is working.

However, the Defendant paid 10 minutes of KRW 8,314,428 and did not pay rental fees equivalent to KRW 49,232,979 from August 16, 2017 to then, and was aware that on September 19, 2017, the Defendant was obliged to return the vehicle by obtaining a certificate of content demanding payment from the company that filed the complaint to return the vehicle upon the termination of the contract.

Nevertheless, the Defendant, at the end of October 2017, embezzled as against the owner’s interest, by providing H and I with the 19 million won as the object of security in order to borrow the said vehicle from the Ha and I located in Chungcheong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. Investigation report (I, H and telephone communications), investigation report (K, L and telephone communications);

1. Agreements on financial leasing of BMW, terms and conditions of lease standard terms and conditions, and written confirmation of contracts;

1. Details certification (Notice of Loss of Time Limit (Termination of Contract) and statement of termination of contract;

1. A certified copy of the motor vehicle registration ledger (A);

1. The details of receipts, and the application of Acts and subordinate statutes on the loan certificate;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment: The nature of the crime is not good.

The amount of damage is large.

Although the vehicle is returned, there is no loss in the damaged company.

There was no agreement with the victimized company.

A favorable condition: A vehicle was returned.

was punished for the same crime.

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