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(영문) 수원지방법원 성남지원 2018.09.07 2018고단1343
횡령
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 28, 2013, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. and the victim-owned vehicle price of at least 62,30,000 won for a lease period of 60 months, lease fee of at least 1,276,600 won, and then embezzled the said vehicle by refusing to return it without justifiable grounds, while the Defendant borrowed 1,5 million won from an irregular credit service provider at a non-specified place in Seoul (hereinafter referred to as Seoul) around June 2017 while taking custody of the said vehicle for the victim. On December 15, 2017, the Defendant embezzled the said vehicle by refusing to return it without justifiable grounds, even though the injured person demanded the termination of the said lease agreement and return the said vehicle on account of the Defendant’s default of the lease fee.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A copy of an application for lease of modern capital vehicles, a copy of an automobile registration certificate, details of payment of acquisition tax, details of repayment order and overdue payment, and a guide for termination of a lease agreement;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from persons in charge of a lending company);

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order reflects the wrong facts, and that the victim submitted a written application for withdrawal of complaint and non-prosecution of punishment

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