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(영문) 서울서부지방법원 2015.03.26 2014고정2238
업무상횡령
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

From May 19, 2010 to February 28, 2014, the Defendant has been engaged in the overall business of advertising agency business, design, and event as the representative director of D, a victim corporation located in Mapo-gu Seoul Metropolitan Government, Seoul, and has been engaged in overall business of advertising agency business, design, and event.

The Defendant, from February 21, 201 to February 21, 201, used the E (E) vehicle of an amount equivalent to KRW 71,400,000,000 at the market price for business purposes, and was in custody for the said company for the said company on or around February 28, 2014, and refused to return the said vehicle, and embezzled the victim’s property for business purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a motor vehicle sales contract, a motor vehicle lease contract, a details of payment of rent, and resignation;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. The defendant and his defense counsel asserted that the defendant temporarily suspended the return of the motor vehicle of this case in order to secure part of the amount of the claim against the victim. Thus, the defendant did not have any intention of unlawful acquisition.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the Defendant refused the return of the instant vehicle from the victim company on February 28, 2014, even if the victim requested the return of the instant vehicle from the victim company on February 28, 2014, and embezzled it without justifiable grounds.

① The instant motor vehicle is a motor vehicle that the victim company entered into a contract for facility leasing with one Capital on February 23, 201 and the defendant used for business purposes, and the victim company completely pays the lease fee by February 25, 201 and completed the registration of ownership on March 5, 201 under its name.

② On February 28, 2014, the Defendant retired from the victim company.

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