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(영문) 서울동부지방법원 2016.10.20 2016고단2716
횡령
Text

Defendant

A A shall be punished by a fine of two million won and by imprisonment with prison labor for four months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

around January 8, 2015, the Defendants agreed to lease F new SS5 car from the victim’s “Erenk’s office” office located in Songpa-gu Seoul Metropolitan Government to KRW 800,000 per month rent from the victim until February 7, 2015, and paid KRW 80,000 per month rent to the victim, and used the said car by lending it to the victim on or around January 17, 2015, the Defendants returned the said new SS5 car to the victim and leased G LF or other car by February 7, 2015, and paid KRW 10,000,000 for unpaid rent by February 7, 2015.

From March 2015, the Defendants refused to refund the said car without any justifiable reason even though the Defendants received a demand from the victim to deposit the enclosed rent and return the car from the Defendant, which was due to the delinquency of the rent for the said LF Station or other car. If the car is not returned, the Defendants conspired to refuse to return the car without any justifiable reason.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of the accused by the prosecution (including the parts of D and H substitutes);

1. Statement of D police statement;

1. A list of letters, such as each vehicle rental contract, demand for half payment of a vehicle, prices of high-end vehicle unit prices, and the unit price for vehicle rental;

1. Details of checking about the details of liquidity transactions and text messages;

1. Application of investigation reports (Submission of D vehicle operation records), and Acts and subordinate statutes concerning outputs of vehicle operation records;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 355(1) and 30 of the Criminal Act

1. Defendant A: Defendant B of the selective fine: Imprisonment with prison labor;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: The vehicle subject to the crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act has already been returned to the victim, and the victim shall agree with the victim in the judgment of this case only with respect to overdue expenses.

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