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(영문) 의정부지방법원 2013.10.02 2013고정1135
횡령
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. located in the Gyeonggi-do.

On November 17, 2009, the Defendant entered into a lease agreement on the Estststy passenger vehicle with the victim Hyundai Capital Co., Ltd. on the Estysty passenger vehicle, around December 22, 201, with the victim, and around February 20, 201, concluded a lease agreement on the Fndy passenger vehicle with the victim, and had the victim keep each of the above automobiles owned by the victim for the victim.

1. On September 2012, the Defendant: (a) did not pay the rent for the said rocketing and Ecuba car; and (b) rescinded the lease contract for the said vehicle by the victim on or around September 2012; (c) thus, upon the request of the victim to return the said vehicle, the Defendant embezzled and embezzled the said vehicle owned by the victim and kept for the victim by refusing to return the said vehicle without justifiable grounds;

2. The Defendant did not pay the lease fee for the said No.S. car from June 2012 to November 201 of the same year.

9. Around 13. Around 19.1, the victim’s rescission of the lease contract for the said No.S. car, so even upon request for returning the said car, the victim’s possession, which was kept for the victim, embezzled by refusing to return the said car without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Complaint;

1. Application of Acts and subordinate statutes concerning the termination of a lease agreement, guidance for termination of a lease agreement, and the termination of a lease agreement;

1. Article 355 (1) of the Criminal Act and Article 355 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of KRW 1,500,000 to be suspended;

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

1. Article 59(1) of the Criminal Act provides that the defendant is the first offender, the victim does not want the punishment by mutual consent with the victim, and the circumstances leading to the crime can be considered.

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