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(영문) 서울남부지방법원 2013.12.09 2013고정3481
횡령
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 18, 2011, the Defendant entered into a lease agreement with the victim ASEAN Q7 vehicle located in the office of the victim iag Capital Co., Ltd. located in the nine floors of Dobong-dong, Seoul Special Metropolitan City, Seoul Special Metropolitan City on July 18, 201 to pay rent of KRW 1,134,300 to the victim for 36 months, and kept the vehicle for the victim after delivery. On May 8, 2013, the Defendant embezzled the lease agreement termination and the return of the vehicle on the ground of the unpaid payment from the victim without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing notification and guidance of termination of a lease contract, written decisions, details of receipt of principal and interest of disposable discrimination, and applicable thereto;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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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