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(영문) 수원지방법원 성남지원 2018.06.20 2018고정538
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 19, 2014, the Defendant entered into a lease agreement with the victim chip social service Korea on the condition that the market price of the 63,181,818 CWts CS400 automobiles is paid in KRW 1,80,000 each month for five years at B stores located in Seocho-gu Seoul, and provided and embezzled the said automobiles as security by arbitrarily obtaining a loan of KRW 23,00,000 from D on May 19, 2016, on the condition that the aforementioned automobiles are paid in KRW 1,80,000 each month for five years.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing rental vehicle contracts;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is determined as follows: (a) the fact that the accused recovered the vehicle from 15 to 20 days to 10 days after the offer of security and legally succeeds to the lease; (b) the victim was not aware of the fact of damage; (c) the victim was not guilty; (d) the victim was led to confession and reflect; and (e) the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime; and (e) the sentencing conditions indicated in the records, such as the circumstances after the crime, etc. shall be comprehensively considered.

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