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(영문) 울산지방법원 2017.10.26 2017고정848
횡령
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 30, 201, the Defendant entered into a motor vehicle lease agreement with the employees in charge of the business in charge of the victim's Logal in the name of the Egythal in the Rogal Office of the Egythal Co., Ltd., 1532-13, Ulsan-gu, Ulsan-do, 1532-13 on December 30, 201, on condition that the amount of KRW 4,537,300 per month shall be paid between 182,565,350 and the vehicle price of KRW 182,537,30 on a vehicle.

While the Defendant kept the said car as the victim’s owner under the foregoing lease agreement, on March 2, 2015, the contract was terminated due to the overdue charge, and even if the Defendant demanded the return of the said car from the injured party, he/she rejected the return and embezzled the property equivalent to KRW 182,565,350.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes governing car lease agreements, specifications of car lease agreements, waiver of rights, electronic tax invoices, tax invoices, automobile registration certificates, certified copies, abstractss of automobile registration ledger (A), customer management services logs, inquiries about claims/collection details, terminations/collection details, and inquiries about payment and collection details, payment of deposits at maturity of lease contracts and return of leased vehicles;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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