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Reasons
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(영문) 수원지방법원 성남지원 2013.11.29 2013고단1154
횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 12, 2011, the Defendant concluded a lease agreement (lease deposit of KRW 14,110,00, advance payment period of KRW 44 months, monthly lease period of KRW 1,686,60), while keeping the said vehicle for the victim, and then paid the lease fee of KRW 8 months after paying the lease fee. On November 22, 2012, the Defendant refused to return the said vehicle even if the said lease agreement was terminated and requested the victim to return the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Lease contract;

1. Details of currency;

1. Cases of termination of a contract and request for the discharge of guaranteed liabilities, and cases of notification of termination of a contract;

1. Application of Acts and subordinate statutes to the calculation statement of requested amount;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant rejected the return of the vehicle until the dispute arises due to the dispute over the settlement of lease agreements with the victim, and accordingly, the Defendant’s act not only did not have the intent of illegal acquisition but also constitutes a justifiable act.

According to the terms and conditions of this case, (1) a lessee shall, without delay, return the vehicle unless the contract is terminated, unless the lessee purchases the vehicle or extends the lease period (Articles 19 and 21), and pay the earlier termination fee (Article 19 and 21). The settlement amount is finally calculated through the appraisal, etc. of the returned vehicle after the return of the vehicle, and if there is any balance after offsetting the lease deposit, etc. already paid from the settlement amount, the lessee shall pay the amount to the lessee (Article 25), and (2).

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