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(영문) 서울동부지방법원 2013.06.19 2012고단2141
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 28, 2011, the Defendant entered into a car lease agreement with the victim Hyundai Capital Co., Ltd., Ltd. and the lessee-user LStet, LStet, 257,700 won per annum, 11.96% per annum per annum, and 31 months per annum at the Gunar branch of Hyundai Capital Co., Ltd., Ltd. located in the Gung Building in the Seoul Special Metropolitan Gwangjin-gu, Seoul Special Metropolitan City-gu Automatic Building.

On June 201, the Defendant borrowed KRW 27 million from D before the Plaintiff located in Seocho-gu Seoul Metropolitan Government, while operating and keeping the said AD car on the same day under the above lease agreement, and embezzled it by offering the said AD car equivalent to KRW 32 million at the market price as security and delivering it to E.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to a lease agreement, details of deposit, details of balance, and notice of termination of a lease agreement;

1. The sentencing of Article 355(1) of the Criminal Act regarding criminal facts is to be imposed on the Defendant in light of the following circumstances: (a) the Defendant did not make any effort to recover from damage; and (b) the Defendant did not appear in the court even after having received a notice to attend the court on the trial date; and (c) the Defendant was sentenced to a punishment

It is so decided as per Disposition for the above reasons.

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