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(영문) 대전지방법원 천안지원 2019.01.10 2018고단555
횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, who is the operator of B corporation for the purpose of technical service business, such as design, supervision, etc., agreed to set a car rental fee of KRW 1,42,00 per month from April 8, 2016 to April 8, 2020 on the condition that the amount of monthly rental fee of KRW 1,42,000 from the victim C corporation located in Suwon-si, Sung-nam-si to pay from April 8, 2016 to April 8, 2020, while receiving delivery of the said car and keeping it at the office, etc. of B corporation, the Defendant refused to return the said car even after receiving a request from the victim for the return of the said No. 380 on July 25, 2017.

2. On August 22, 2016, the Defendant illegally uses convenience facilities: (a) around 16:48, the Korea Highway Corporation, which had an objection to the Dong-gu, Young-gu, Young-si; (b) operated a car specified in paragraph (1) with knowledge of the failure to install a hybrid terminal; and (c) did not pay KRW 2,500,00,000, from that time, from February 21, 2018 to February 25, 2018; and (d) did not pay a toll of KRW 1,058,50,000 in total over 569 times as indicated in the attached list of crimes.

Summary of Evidence

1. Statement to E by the police;

1. A complaint, a motor vehicle lease contract, the terms and conditions of a motor vehicle lease contract, the details of contact with the defendant, the termination of a siren contract and the notification of vehicle payment, and the registration certificate;

1. Details of the unpaid tolls of the hybrids and the details of the claimed collection;

1. Demand for counter-payment of a vehicle due to the termination of a siren contract;

1. Investigation report (Submission of additional data by complainants related to the crime of unlawful use of convenient facilities);

1. Investigation report (Submission of data related to the notification of intention to terminate the complaint);

1. Application of Fpropy and E propy statutes;

1. Relevant Article of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement) of the choice of criminal facts, and the Criminal Act;

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