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(영문) 부산지방법원 동부지원 2018.10.17 2018고단1266
횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 30, 2013, the Defendant concluded a rental service agreement with the complainant and 42 SG TV (name of goods: LG-42LN549C) to set the rental period into 36 months and to return the said TV at the time of termination of the contract.

While the Defendant used and stored the said TV in accordance with the aforementioned arrangement, he/she embezzled the said TV by refusing to return the said TV without justifiable grounds, even though the complainant notified the termination of the said agreement and demanded the return of the said TV due to the delinquency in payment of rental fees around October 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A copy of a smart siren service contract, a copy of a supply confirmation, a copy of a bond account statement, and a copy of a document evidencing contents;

1. Application of Acts and subordinate statutes to a report on investigation (TV photographs);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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