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(영문) 의정부지방법원 2015.10.26 2015고단1441
횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 30, 2013, the Defendant entered into a motor vehicle lease agreement with the victim (owner) Kitene and the Defendant’s name (48 months: deposit: 3,536,000 won: 52,00 won per month; 522,00 won per month: 15th day of payment) at the office of the Republic of Korea (State) located on May 30, 2013, which is located on 25-gil-ro 25,00,000 from the victim, and was handed over by the victim around that time.

As above, while the Defendant leased and operated a car from the victim and kept it for the victim, the Defendant embezzled one car of KRW 17,680,000 at the market price owned by the victim by means of lending money from another person on July 2013 and offering the said car as security.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Advisors for preparation of E;

1. Application of automobile (long-term) lease contract, business registration certificate, early termination and notification of half payment of a vehicle, notification of compulsory termination, and copy of automobile registration certificate and statutes;

1. The crime of this case appears to have been committed under the first plan, such as the pertinent legal provisions on criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, and the selection of a fine [the defendant] [the defendant was punished strictly for the defendant in light of the fact that he/she again committed the crime of this case without being aware of the fact that he/she was under probation and suspension of execution due to the violation of the Illegal Check Control Act and without being aware of the fact that he/she again committed the crime of this case during the period of probation and suspension of execution, but the victim recovered the vehicle around May 20, 2015, and the victim was able to recover rent from the vehicle immediately after the contract, delayed contact, and locking the contact, etc.

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