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(영문) 울산지방법원 2016.05.13 2016고단52
횡령
Text

Defendant

A person who is punished by imprisonment with prison labor for six months and eight months.

However, this judgment is delivered against Defendant T.

Reasons

Punishment of the crime

The Defendants jointly operated food suppliers, such as drinking water, in the name of "AC" on the AD 2 level in Yangsan-si, and the victim's child delivery corporation is a comprehensive credit financial corporation specializing in installment financing and facility leasing business.

On March 28, 2014, the Defendants concluded a lease agreement with the victim on the condition that the Defendants would pay the victim the lease fee of KRW 1,510,000 per month from March 28, 201 to March 2017, on the condition that the victim and the victim would pay the victim the lease fee of KRW 1,510,000 per month, which is the victim’s market price of KRW 62.5 million (E-Clas) E200.

The Defendants should return a car to the victim if the lease fee is not paid in full during the lease contract period. Accordingly, while the Defendants kept a car for the victim, on August 24, 2014, the Defendants were asked to return the car even if they were requested to return the car with the notification of termination of the lease contract on the grounds of delinquency in the lease fee from the victim on September 24, 2014. On November 26, 2014, the Defendants arbitrarily laid down the car to the employees of the lending company under the name of AJ in order to secure the obligation by borrowing the amount of KRW 14 million from the mutual loan company of AJ at a non-permanent place on November 26, 2014.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to AK by the police;

1. Investigation report ( relative persons of the AJJ);

1. Application of Acts and subordinate statutes to a motor vehicle registration certificate, a motor vehicle lease agreement, termination of a lease agreement, and notification of the return of vehicles

1. Relevant provisions of the Criminal Act and Articles 355 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Defendant T);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Recommendation type of the sentencing criteria [Defendant T] type: The recommendation type of embezzlement and breach of trust (the amount less than KRW 100,000) type 1 (the amount less than KRW 100,00) type shall not be made.

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