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(영문) 수원지방법원 성남지원 2017.06.29 2017고단840
횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Height 840] On June 12, 2014, the Defendant entered into a vehicle lease agreement which pays KRW 74,360,161 in the sum of KRW 74,54,60 per month of lease fees and KRW 74,360,161 at the office of the Republic of Korea in Seocho-gu Seoul, Seocho-gu, Seoul, Seoul, for the victim's filial length capital and KRW 1500 of the sea light (RAM) at the office of the Republic of Korea.

The Defendant paid KRW 3,023,611 for two months, while he/she was in custody of the said vehicle for the victim when he/she received the delivery of the said vehicle, and did not pay the remainder of the lease fee, and embezzled the said vehicle by refusing to return, even if he/she was notified by the victimized company of the termination of the vehicle lease contract due to the termination of the vehicle lease contract on March 25, 2015 on the grounds of the long-term default of the lease fee.

[2017 Highest 1194] On August 19, 2016, the Defendant driven a 1500 truck from 14:10 to 14:10 square meters in a section of 1 kilometer to 3:50 square meters in the name of the Defendant, who is not covered by mandatory insurance, in the direction of approximately one kilometer to 4:10 square meters in front of the balp public sewage treatment plant in Yangyang-gun-gun, Yangyang-gun.

Summary of Evidence

[2017 Highest 840]

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Original Register of Automobile Registration;

1. A motor vehicle lease contract, a copy of an order for the purchase and sale of motor vehicles, the current status of deposits by contract, a detailed statement of claims for termination, a notice of termination of a lease contract, and a text message (2017 order 1194);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act (Embezzlement of embezzlement), Article 46 subparagraph 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the choice of imprisonment with prison labor;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are led to confessions by the defendant and reflects the fact that the damaged vehicle has been recovered, and that the damaged vehicle has no criminal record of the same kind, the circumstances favorable to the defendant shall be considered.

However, the defendant shall make up for two months after the lease agreement.

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