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(영문) 대전지방법원 2017.05.30 2017고정141
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 29, 2012, around 12:15, the Defendant deposited KRW 198,000 for two-day rental fee and lent the vehicle at the “D” office operated by the victim C in the Chungcheongnam-si, Chungcheongnam-si. B, under the condition that he would use EYF small vehicles for two days.

Since the Defendant leased the above vehicle for a period of two days, the Defendant was obligated to return the vehicle or to extend the period by paying the rental fee.

Nevertheless, the defendant did not pay the rent due to the extension of the period, and even though the victim continued to demand the return of the above car by receiving the accusation from the police around December 24, 2014, the defendant refused to return the above car equivalent to KRW 14.4 million at the market price, although the defendant did not pay the rent properly due to the extension of the period.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on motor vehicle registration certificates;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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