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(영문) 서울중앙지방법원 2013.10.31 2013고정4767
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 2, 2010, the Defendant entered into a lease agreement with Hyundai Capital Co., Ltd. and the Victim B NAS car owned by the Defendant on March 2, 2010, which provides that “If the lessee fails to pay the lease fee at one time, the lessee shall be able to terminate the lease agreement and demand the return of the vehicle at the time it fails to pay the loan within the extended period after he/she notified the lessee of the performance of the obligation for the extended period of time, and the said vehicle was delivered on the same day.”

The Defendant borrowed KRW 12 million to C and D on December 2012 and embezzled the said car by providing it as security, while keeping the said car for the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A motor vehicle lease contract, a statement of automobile lease termination, a statement of deposit details, and a statement of guidance for termination of a lease contract;

1. Application of Acts and subordinate statutes to report on investigation (verification of the details of payment of rent);

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

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