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(영문) 서울서부지방법원 2017.01.24 2016고단2779
횡령
Text

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

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

Reasons

Punishment of the crime

On April 12, 2013, the Defendant: (a) the vehicle C retail store located in Jung-gu Seoul Metropolitan Government, Jung-gu, and (b) the amount of monthly rent of KRW 664,600, and the lease period of KRW 36 months for the DK5 vehicles owned by the Hyundai Capital Co., Ltd., which is equivalent to KRW 24,290,00,000 in the market value of the company; and (c) the lease period of KRW 36 months; and (d) the ownership of the leased motor vehicles is in financial companies

If the customer delays the monthly rent on at least two consecutive occasions, the financial company entered into the vehicle lease contract with the content that the financial company may terminate the contract after notifying the customer and claim the return of the vehicle by no later than three business days prior to the termination date of the contract, and the defendant was delivered the vehicle by himself/herself as a joint and several surety of Posibe, and the defendant was delivered the vehicle.

While Defendant paid KRW 22,278,532 to the victim of the said vehicle by January 1, 2016, the Plaintiff refused to return the said vehicle to the victim company due to the following reasons: (a) despite the fact that the victim company was notified of the termination of the lease agreement and was demanded to return the said vehicle by taking money from the Defendant’s name-free family members as collateral, and transferred the said vehicle to the victim company by providing the said vehicle as security, etc., on April 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes of the Motor Vehicle Register to the Motor Vehicle Register, including the details of goods of a lease vehicle contract, the fact of a contract for motor vehicle sales and verification of status, deposit details, guidance on termination of a lease contract, and settlement of

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. The sentencing of Article 334(1) of the Criminal Procedure Act includes the fact that the victim cancels the complaint and does not have the same criminal record.

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