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(영문) 의정부지방법원 2015.02.09 2014고단3893
횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 30, 2010, the Defendant, at the office of the Korea Social Services Korea Co., Ltd. located in Seocho-gu Seoul Metropolitan Government Yang Jae-dong, concluded a lease agreement on Benz 600L car equivalent to KRW 80,000, which is owned by the victim with the victim and rejected the request from the victim for the return of the said car on the ground of the delayed payment of lease fees on July 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of an application for financial lease and details of residual funds;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order reflects the fact that he/she committed a crime, reaches an agreement with the victim, and there is no other penal force other than the one imposed on the victim.

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