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(영문) 부산지방법원 동부지원 2015.11.04 2014고단2371
횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2013, the Defendant entered into a lease agreement with Hyundai Capital Co., Ltd., a company damaged by Hyundai Capital Co., Ltd., which is located in Busan District, to the effect that, around February 19, 2013, the Defendant: (a) entered into the lease agreement with the damaged company, that: (b) monthly rent 1,919,80 won; (c) lease period 48 months; and (d) lease period 48 months; (b) lease vehicle is owned by the leased company regardless of its registered name; (c) lessee is not able to transfer, sublease, or transfer the right; and (d) if monthly rent has been continuously delayed twice or more, the lease company may terminate the contract and claim the return of the automobile, and the lessee shall comply with it; and (d) the lessee was delivered a CF car under the name of the victimized company.

As above, the Defendant started to delay the lease fee from April 2014, while keeping the said car for the damaged company. On May 2014, the Defendant voluntarily transferred the said car as a transfer for security by borrowing KRW 14 million from the F Credit Business Entities No. 1206 of the Busan Suwon-gu Office Officetel 1206.

Accordingly, the defendant embezzled the Ecoo car equivalent to KRW 91,980,000, which is the acquisition price owned by the victimized company.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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