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(영문) 수원지방법원 2018.05.31 2018고정333
횡령
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 31, 2017, the Defendant entered into a lease agreement with the victim's main body C, Inc. (hereinafter referred to as "victim Company") for a lease period of 60 months, monthly rent of 1,498,560, and received a request for the return of the said automobile from the victim company by leasing D again Extraordinary XF20d D car equivalent to the market price of 65,600,000 won, while he/she was operating a car at a dry site by not later than June 10, 2017, on which he/she paid the monthly rent of 65,60,000, and paid the monthly rent of 10,000,000 from the victim company by no later than June 10, 2017, according to the said car lease agreement.

However, the Defendant refused to return the said car without justifiable grounds and embezzled it by way of getting another person use the vehicle again on July 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. Taking into account the following factors: (a) the Defendant had no record of criminal punishment other than once a fine imposed on the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act; (b) the victim company recovered the vehicle; and (c) the Defendant appears to have offered or sold the vehicle to others as security, even though he did not sell the vehicle to others.

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