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(영문) 수원지방법원 성남지원 2015.02.12 2013고단2942
횡령
Text

1. The defendant shall be punished by a fine of KRW 10 million;

2. If the defendant does not pay the above fine, only one hundred thousand won.

Reasons

Punishment of the crime

around December 30, 2011, the Defendant entered into a siren contract with the victim Hyundai Capital Co., Ltd., Ltd., Ltd., on the first floor of Songpa-gu Seoul Metropolitan Government, and received the said vehicle from the victim for a period of 36 months from December 30, 201 to December 30, 201, by paying 683,540 won each month during the period from December 30, 201 to December 30, 201, where installment payments are unpaid at one time, and the said vehicle must be returned immediately, and the said vehicle was delivered by the victim.

After that, around January 4, 2013 and February 15, 2013, the Defendant embezzled the said car by failing to comply with the mail and text messages to the effect that “the installment was continuously overdue and the rental contract was terminated. Therefore, the said car was immediately returned without any justifiable reason,” even though the Defendant received the mail and text notes to the effect that “the said car was immediately returned.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

2. The police statement of E;

3. Application of the Acts and subordinate statutes governing the complaint;

1. Article 355 (1) of the Criminal Act and the choice of a fine concerning the crime;

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant committed the instant crime during the period of suspension of execution, which is disadvantageous to the defendant, but the defendant shall be sentenced to the punishment like the order, considering the favorable circumstances in which the victim agreed smoothly with the victim.

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