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(영문) 대구지방법원 2015.07.01 2015고정679
횡령
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On September 18, 2014, the Defendant was sentenced to a two-year suspended sentence to 8 months of imprisonment due to occupational injury, death, etc. at the Daegu District Court on the 26th day of the same month. On September 18, 2014, the judgment was finalized on January 3, 2015 after being sentenced to two years of imprisonment due to fraud, etc. at the same court on September 18, 2014.

【Criminal Facts】

On September 24, 2011, the Defendant agreed at Cagency located in Ulsan-gu, Ulsan-gu, Seoul-do to lease and use D Ecuba car owned by the victim Hyundai Capital Capital Capital Co., Ltd. for 1,469,000 won per lease for 60 months until September 24, 2016, and received the said car.

The Defendant, on January 17, 2014, kept the said car on behalf of the victimized company until the lease fee is fully paid, and embezzled the said car by arbitrarily lending KRW 13 million to G from the F plant located in the Gyeongdong-gun, G at around 13:00 on January 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint;

1. A motor vehicle facility rental contract;

1. Investigation report (an investigation into I);

1. A written confirmation of the results of electronic financial transfer;

1. Automobile registration certificate and the automobile register;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports, each written judgment, output of screen pictures showing the fixed date of inquiry of the case;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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