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(영문) 서울남부지방법원 2016.06.09 2015고단4730
횡령
Text

The defendant is innocent.

Reasons

On March 12, 2014, the Defendant entered into a lease agreement with the victim gone Co., Ltd. and DWz E220 vehicle (hereinafter “instant vehicle”) on the lease amount of KRW 66,411,120, monthly rent of KRW 1,147,20, and the lease period of KRW 60 (hereinafter “the lease agreement of this case”) and then received delivery of the said vehicle from the injured party around that time.

When the defendant and the victim enter into the above lease contract, the ownership of the leased vehicle is owned by the financial company, and the customer has only the right to use the vehicle, and if the customer delays the monthly rent for at least two consecutive months, the financial company may terminate the contract and request the return of the vehicle.

Inasmuch as “the victim agreed to the terms,” the victim had ownership of the said vehicle during the lease period.

On January 2015, the Defendant was notified of the termination of the above lease agreement and was demanded to return the said vehicle on the ground that the said vehicle was provided as security without paying the agreed lease fee from the injured party, while keeping the said vehicle on behalf of the injured party.

The Defendant refused to return the said vehicle without any justifiable reason despite having received the above demand from the injured party for return of the said vehicle, and embezzled the said vehicle worth KRW 61,90,000 at the market price.

Defendant

On March 2014, the summary of the defense counsel's assertion would bear all obligations, such as leasing costs, etc., E. In the name of the defendant, the defendant entered into a lease contract with E and entered into the instant lease contract with E, and immediately delivered the delivered vehicle to E.

Since then, the Defendant became aware of the fact that he did not pay the lease price of this case and borrowed money with the instant vehicle provided as security to others.

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