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(영문) 제주지방법원 2020.11.13 2020고정510
횡령
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 1, 2017, at Jeju-si, the Defendant entered into a long-term siren contract with the content that: (a) the victim C-owned Category C-V car is leased for five years; (b) the monthly rent of KRW 969,300.

The Defendant embezzled the said vehicle by refusing to demand the return of the said vehicle without justifiable grounds, even though a long-term siren contract was terminated on March 2019 and the Defendant received a request from the victim for the return of the said vehicle due to the termination of the long-term siren contract.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to the accusation, car siren agreement, and text messages for vehicle return request;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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