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(영문) 광주지방법원 목포지원 2017.10.17 2017고정405
횡령
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 11, 2014, the Defendant entered into a lease contract with the purport that, at the Hyundai Motor C agency located in Sinpo City B, the Defendant would pay KRW 48 months of the lease period, KRW 7,330,00 of the deposit amount, KRW 2,115,00 of the monthly lease amount, and did not provide a third party with a motor vehicle for the purpose of security, and received the said motor vehicle by delivery.

While the Defendant used the said car in accordance with the foregoing lease agreement, around October 16, 2015, the Defendant embezzled the property of the victim by lending KRW 9 million to G, who is a terroman, from “F hotel” located in Sinpo City E, and by offering the said car as security.

Summary of Evidence

1. Statement by the defendant in court;

1. An abstract of H;

1. Application for the lease of a motor vehicle, guidance for the termination of a lease agreement, and application of the original register of motor vehicle registration (A);

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

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