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(영문) 의정부지방법원 2015.11.23 2015고단2472
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 8, 2013, the Defendant: (a) paid KRW 1,483,110 per month to the Korea Social Services Korea Co., Ltd. and Dbenz passenger cars at the Seoul Yongsan-gu branch for 1,48 months from December 2013 to December 48, 2017; and (b) concluded a lease agreement with the effect that ownership shall be reserved to the victim; (c) on September 25, 2014, the Defendant notified the termination of the contract on December 2, 2014; (d) on January 21, 2015, the Defendant notified the victim of the contact with E, an employee of the victim company, and requested to return the vehicle at the Gangnambuk Hospital located in Gangnam-gu Seoul Metropolitan Government, Seoul, and refused to return the 39,00,00 won at the market price owned by the victim without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation (in relation to vehicle taxes, page 49 of the investigation record) and a report on investigation (in relation to vehicle taxes);

1. Application of the motor vehicle registration certificate, the motor vehicle facility leasing contract, the details of payment of installment charges and lease fees, and the Acts and subordinate statutes of notification for termination of a contract;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, which reflects the fact of crime committed by the defendant, and the fact that the victim company does not want punishment

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