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(영문) 부산지방법원 2020.05.29 2019노3019
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any explanation about the content of the lease agreement from a business employee at the time of the instant lease agreement.

In addition, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant can readily recognize the fact that he/she refuses to return the vehicle without justifiable grounds and continues to use the leased vehicle with the knowledge of the content of the lease agreement and the ownership of the leased vehicle.

Therefore, the defendant's assertion of mistake is without merit.

① The Defendant explained at an investigative agency that it was almost similar to the Plaintiff’s purchase of the NAS vehicle to purchase the NAS vehicle as a part of the early September 30, 2015, and that it was almost similar to the Plaintiff’s use of the vehicle under the lease agreement. The difference between the amount of tax benefits and the amount of monthly payment, etc. by using the NAS vehicle as a lease compared to the purchase of the NAN vehicle is that: (a) around September 30, 2015, the Defendant prepared a contract for leasing the NAS vehicle in C with the size of the difference between the amount of tax benefits and the amount of monthly payment.

The Defendant appears to have explained from a business employee about the difference between lease contract and installment purchase (Evidence No. 50 pages). The Defendant appears to have been aware of the content of the lease contract. ② In addition, the Defendant explained that the name of the vehicle used when I fully paid monthly user fees during the lease period exceeds the lower level.

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