logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.12.12 2013고단3362
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around March 8, 2010, the Defendant entered into a lease agreement (deposit amounting to KRW 4.79 million, KRW 366,670 per month, and KRW 795,670 per month) with respect to a vehicle in SM5 (E) with the Defendant as a joint guarantor at the location of the first floor of the Guro-gu Seoul Building B, Guro-gu, Seoul, as a lessee, at the social Korea Co., Ltd. (A representative), and (E) with the Defendant as a representative director, and entered into a lease agreement (deposit amounting to KRW 5.64 million, KRW 366 months, KRW 395,670 per month, and KRW 30,266,113 in the same name and under the same name.

On July 7, 2011, the Defendant was unable to pay the lease fee from around February 201 while keeping and using two automobiles according to the above lease agreement, and the Defendant was requested from the victim to return the lease termination notice and the two automobiles. However, the Defendant refused to return the said return.

2. On August 11, 2010, the Defendant entered into a lease agreement (a lease agreement of 36 months, lease agreement of 1,770,400 won) with respect to one passenger car of 5,90,000 won as a joint and several surety with the Defendant, a representative director, as a lessee, at the H point of the 6th floor of the Bupyeong-gu Incheon Metropolitan City G building, the victim Hyundai Capital Capital Co., Ltd. and (ju)D as the lessee, and the Defendant, as a joint and several surety.

The Defendant, on April 11, 201, received a demand for termination of a lease agreement and return of a vehicle on or around April 1, 201, on or around April 201, on or around the ground of the unpaid lease fees, while keeping and using the said vehicle under the said lease agreement, provided the said vehicle as collateral by receiving KRW 20 million in cash at the office of K, which is the Defendant’s creditor, the second floor J 202, Yongsan-gu, Yongsan-gu, Seoyang-gu, Yongsan-gu, and embezzled the said vehicle.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement to K;

1. Each police statement of L/M;

1. Investigation report (to hear statements from N of persons for reference and report thereon);

1. An automobile facility leasing agreement, the register of automobiles, the details of payment of rent, the account statement of automatic lease termination, and the termination of the lease agreement.

arrow