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(영문) 부산지방법원 2017.09.13 2016고단6268
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 30, 2013, the Defendant entered into a contract for the lease of automobile facilities on the condition that CMW 520d cars owned by the victim for 36 months at the market price of 60,900,000 won per month through B, who is an employee of the victim's chip social service Korea Co., Ltd. in the Busan Southern-dong, Busan-dong, 39-25, and used the said car by delivery from the victim company around that time.

The Defendant, on January 13, 2016, was in custody of the said car for the victim company, refused to return the said car without any justifiable reason even though the Defendant was requested by the victim company to notify the termination of the said loan and to return the car on the ground that the loan fee was not paid twice or more at the Defendant’s residence located in Busan-gu D or 1403.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each E statement;

1. Application of Acts and subordinate statutes to a complaint, content certificate, BMW press file file lease application for the operation of deposit money type, summary statement, and estimate;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The Defendant has not made any effort to recover damage, such as not returning a car to the victim company until now, and the sentence is to be imposed. However, considering the Defendant’s primary offender, the Defendant’s age, sex, environment, circumstances leading to a crime, means and method, result, etc., the sentence is to be determined as ordered, taking into account the following factors: (a) the Defendant’s primary offender, and the Defendant’s age, sex, environment, circumstances leading to a crime; and

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